HSBC Realty Credit Corp. v. City of Glendale

¶ 52. (concurring). I join Justice Butler's concurrence. This case could be decided on narrow grounds. The problems with the existing statute could be identified and the task of redrafting the statute left to the legislature or to a case in which the court must settle a dispute on constitutional grounds.

¶ 53. I write separately to raise an issue that no party addresses but that might be a matter of some concern. This case involved the powers and duties of the office of clerk of circuit court. The office of clerk of circuit court is a constitutional office, Wis. Const. Art. VII, § 121 *28(see…