State v. Halverson

The state appeals from a judgment and an order insofar as they denied a motion to try and dismissed with prejudice 706 claims against Philip Halverson and the City of Prairie du Chien for violations of the city's Wisconsin Pollutant Discharge *302Elimination System permit following the trial of twelve claims.1 The state argues that it was deprived of its day in court, guaranteed by Wis. Const, art. I, sec. 9, by the trial court's action. We hold that the constitutional protection under Wis. Const, art. I, sec. 9, does not apply to the state, but that the trial court nevertheless lacked power to…