Outagamie County v. Smith

The threshold question is whether the action of the legislatively created site committee is reviewable at all by the circuit court. Or, to put it another way, does the judiciary have the jurisdiction to review the recommendation of the site committee and of the final selection made by the Governor, the Coordinating Committee for Higher Education, and the Building Commission.

It seems clear, at the outset, that the decisions of the State’s chief executive are not reviewable under ch. 227, Stats., because the Governor’s office is not an administrative agency within the terms of that portion of…