service requirement (Wisconsin) · Go Syfert
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service requirement in Wisconsin

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.

Followed or applied (4)

CaseFollowedCited
Kurtz v. City of Waukeshagreen
wis · 1979 · cited in 2 Wisconsin opinions naming this issue, 1991–2025
2 sentences

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).

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).

22
State Department of Transportation v. Petersongreen
wis · 1999 · cited in 2 Wisconsin opinions naming this issue, 2000–2005
2 sentences

2005We 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.

12
Town of Walworth v. Village of Fontana-On-Geneva Lakegreen
wisctapp · 1978 · cited in 1 Wisconsin opinions naming this issue, 2025–2025
2 sentences

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 .

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 .

11
Wassenaar v. Panosgreen
wis · 1983 · cited in 1 Wisconsin opinions naming this issue, 2023–2023
2 sentences

2023See 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).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Trojan v. Board of Regents of the University of Wisconsin System green
wis · 1981
2 sentences

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.

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 .

21999–2000
Gradinjan v. Boho green
wis · 1966
2 sentences

2025He 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.

12025–2025
Cary v. City of Madison green
wisctapp · 1996
1 sentence

2010Id. at 268 .

12010–2010
State v. Texaco, Inc. green
wis · 1961
2 sentences

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.

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.

11979–1979

Statutes the citing opinions construe

WI § Wis. Stat. § 32.05 (4) WI § Wis. Stat. § 808.10 (3)

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.

Where else courts name it

NY 37 (1906–2026) PA 32 (1847–2026) TX 29 (1984–2024) OH 24 (1948–2026) IL 22 (1979–2025) CA 22 (1936–2025) WA 17 (1989–2022) GA 15 (1909–2025) NJ 11 (1956–2024) WI 9 (1979–2025) NC 9 (1998–2022) MN 8 (1989–2024) LA 8 (1920–2018) IA 7 (1984–2022) MO 6 (1984–2015) OR 6 (1980–2024) AZ 6 (1986–2010) AR 6 (2001–2023) FL 6 (1933–2017) MI 6 (1906–2025) DC 5 (1949–2014) CT 5 (1914–2000) KS 5 (1980–2026) TN 4 (2020–2025) VA 3 (1936–1989) HI 3 (1992–2008) UT 3 (2016–2016) VT 3 (1859–2024) ND 3 (2006–2018) CO 3 (1964–1989) AL 2 (1988–2011) NM 2 (1996–2009) WV 2 (1885–2013) VI 2 (2000–2017) MD 2 (2004–2009) OK 2 (2017–2017)

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.

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