City of Fond Du Lac v. Department of Natural Resources
Wisconsin Supreme Court
1Opinion of the CourtHanley, J.
This appeal presents three issues:(1) Was the department’s 1967 hearing res judicata, thereby foreclosing it from conducting additional hearings;(2) Did the department act arbitrarily and capriciously in denying the appellant’s request for a declaratory ruling; and(3) Did an additional hearing by the department constitute an unconstitutional usurpation of the judiciary’s authority?
Applicability of the doctrine of res judicata.
It has long been established in this jurisdiction that the doctrine of res judicata has no application to the proceeding of an administrative agency such as the…
2Cases cited7 opinions
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- Hinrichs v. Industrial CommissionWisconsin Supreme Court · 1937
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3Cited by11 opinions
- Lindas v. CadyWisconsin Supreme Court · 1994
- Board of Regents of the University of Wisconsin System v. Wisconsin Personnel CommissionCourt of Appeals of Wisconsin · 1981
- State v. Wisconsin Department of Natural ResourcesWisconsin Supreme Court · 1994
- Union State Bank v. GaleckiCourt of Appeals of Wisconsin · 1987
- Davis v. Psychology Examining BoardCourt of Appeals of Wisconsin · 1988
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