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9 Wisconsin opinions name it 2 courts 1979–2025 3 in the last five years
The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Kurtz v. City of Waukeshagreen2 sentences1991In setting out the rule that notice of an attack on a statute's constitutionality is required in nondeclaratory actions, as well as declaratory judgment proceedings, the supreme court stated, "[w]e conclude that cogent reasons exist for the application of the service requirement in all cases involving constitutional challenges." Kurtz v. City of Waukesha, 91 Wis. 2d 103, 117 , 280 N.W.2d 757, 764 (1979) (emphasis supplied). 1991In setting out the rule that notice of an attack on a statute's constitutionality is required in nondeclaratory actions, as well as declaratory judgment proceedings, the supreme court stated, "[w]e conclude that cogent reasons exist for the application of the service requirement in all cases involving constitutional challenges." Kurtz v. City of Waukesha, 91 Wis. 2d 103, 117 , 280 N.W.2d 757, 764 (1979) (emphasis supplied). | 2 | 2 |
State Department of Transportation v. Petersongreen2 sentences2005We decline to do so." Peterson, 226 Wis. 2d at 634 (citation omitted). ¶ 17. 2000Stat. § 32.05(9)] would be extraordinarily harsh." Peterson, 226 Wis. 2d at 633 -34 (quoting Trojan v. Board of Regents, 104 Wis. 2d 277, 284 , 311 N.W.2d 586 (1981)) (alterations in original). ¶ 21. | 1 | 2 |
Town of Walworth v. Village of Fontana-On-Geneva Lakegreen2 sentences2025See Town 9 No. 2024AP2177-CR of Walworth v. Village of Fontana-on-Geneva Lake, 85 Wis. 2d 432, 436 , 270 N.W.2d 442 (Ct. App. 1978). ¶21 The State cites Kurtz v. City of Waukesha, 91 Wis. 2d 103 , 280 N.W.2d 757 (1979), in which our supreme court concluded that the failure to serve the attorney general with a copy of a pleading challenging the constitutionality of a statute meant that the circuit court, and the reviewing appellate court, could not properly consider or review the constitutional challenge “because the parties did not give the [S]tate an opportunity to be heard.” Id. at 117 . 2025See Town 9 No. 2024AP2177-CR of Walworth v. Village of Fontana-on-Geneva Lake, 85 Wis. 2d 432, 436 , 270 N.W.2d 442 (Ct. App. 1978). ¶21 The State cites Kurtz v. City of Waukesha, 91 Wis. 2d 103 , 280 N.W.2d 757 (1979), in which our supreme court concluded that the failure to serve the attorney general with a copy of a pleading challenging the constitutionality of a statute meant that the circuit court, and the reviewing appellate court, could not properly consider or review the constitutional challenge “because the parties did not give the [S]tate an opportunity to be heard.” Id. at 117 . | 1 | 1 |
Wassenaar v. Panosgreen2 sentences2023See Wassenaar v. Panos, 111 Wis. 2d 518, 529-31, 33 , 331 N.W.2d 357 (1983). 2023See Wassenaar v. Panos, 111 Wis. 2d 518, 529-31, 33 , 331 N.W.2d 357 (1983). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Trojan v. Board of Regents of the University of Wisconsin System
green
2 sentences2000Stat. § 32.05(9)] would be extraordinarily harsh." Peterson, 226 Wis. 2d at 633 -34 (quoting Trojan v. Board of Regents, 104 Wis. 2d 277, 284 , 311 N.W.2d 586 (1981)) (alterations in original). ¶ 21. 1999"To cut off [the Cohens'] right to a review of the [DOT's] decision when [they] complied with the literal language of the service requirement in [ Wis. Stat. § 32.05 (9)] would be extraordinarily harsh." Trojan, 104 Wis. 2d at 284 . | 2 | 1999–2000 |
Gradinjan v. Boho
green
2 sentences2025He argued, among other things, that the statutory service requirement was directory rather than mandatory, and he cited Gradinjan to support his assertion that the service requirement should be interpreted as directory “in order to preserve the electorate’s will.” Id., ¶5 (citing Gradinjan, 29 Wis. 2d at 682 ). 2025As noted above, Gradinjan held that compliance with statutory provisions is mandatory if the legislature provides “that absentee ballots shall not be counted unless [the provisions] are complied with,” but that other provisions should be interpreted as directory to “preserve the will of the elector.” Gradinjan, 29 Wis. 2d at 682-83 . ¶38 This court rejected Logic’s reliance on Gradinjan for two reasons. | 1 | 2025–2025 |
Cary v. City of Madison
green
1 sentence2010Id. at 268 . | 1 | 2010–2010 |
State v. Texaco, Inc.
green
2 sentences1979While we recognize constitutional challenges may be raised by a general demurrer, State v. Texaco, 14 Wis.2d 625 , 111 N.W.2d 918 (1961), the trial court properly refused to reach the constitutional issue because the parties did not give the state an opportunity to be heard. 1979While we recognize constitutional challenges may be raised by a general demurrer, State v. Texaco, 14 Wis.2d 625 , 111 N.W.2d 918 (1961), the trial court properly refused to reach the constitutional issue because the parties did not give the state an opportunity to be heard. | 1 | 1979–1979 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.