Legal Opinion
Fazio v. Department of Employee Trust Funds
Court of Appeals of Wisconsin
Decided March 24, 2005No. 04-0064PublishedCited by 5 opinions
1Opinion of the CourtDeininger, P.J.
¶ 1. The Wisconsin Department of Employee Trust Funds appeals an order for judgment entered in favor of Mary Fazio and other beneficiaries of deceased participants in the Wisconsin Retirement System. The circuit court concluded that the department's failure, for lump sum death benefits paid to beneficiaries under Wis. Stat. § 40.73(l)(c) (2003-04), 1 to include interest or earnings accrued from the date of the participants' deaths until payments were made to the beneficiaries constituted a taking "for public use without just compensation," in violation of the Wis. Const, art. I, § 13. We…
2Cases cited11 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Green Spring Farms v. KerstenWisconsin Supreme Court · 1987
- Webb's Fabulous Pharmacies, Inc. v. BeckwithSupreme Court of the United States · 1980
- Phillips v. Washington Legal FoundationSupreme Court of the United States · 1998
- Wisconsin Professional Police Ass'n v. LightbournWisconsin Supreme Court · 2001
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3Cited by5 opinions
- Wisconsin Medical Society, Inc. v. MorganWisconsin Supreme Court · 2010
- Fazio v. DEPT. OF EMPLOYEE TRUST FUNDSWisconsin Supreme Court · 2006
- Fazio v. Department of Employee Trust FundsWisconsin Supreme Court · 2006
- Warr v. QPS Companies, Inc.Court of Appeals of Wisconsin · 2006
- Bormann v. SohnsCourt of Appeals of Wisconsin · 2006