Legal Opinion · Dissent

Nankin v. Village of Shorewood

Wisconsin Supreme Court

Decided July 6, 2001No. 99-1058Published

1DissentN. Patrick Crooks, J.

¶ 53. (dissenting). I cannot join the majority's opinion because it fails to accord to the legislature's classification the presumption of constitutionality to which it is entitled. Nothing that Nankin or the majority has presented convinces me that Wis. Stat. § 74.37(6) is unconstitutional beyond a reasonable doubt. By focusing on procedural differences, rather than the rationale for allowing property owners in less populous counties the additional remedy of court review of their tax assessments, the majority has second-guessed a presumptively reasonable statute that has guided this state…

2Cases cited10 opinions

  1. Missouri v. LewisSupreme Court of the United States · 1880
  2. UFE Inc. v. Labor & Industry Review CommissionWisconsin Supreme Court · 1996
  3. State Ex Rel. Johnson v. CadyWisconsin Supreme Court · 1971
  4. Sambs v. City of BrookfieldWisconsin Supreme Court · 1980
  5. Milwaukee Brewers Baseball Club v. Wisconsin Department of Health & Social ServicesWisconsin Supreme Court · 1986

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