Legal Opinion
County of Dane v. Department of Health & Social Services
Wisconsin Supreme Court
Decided July 1, 1977No. 75-348PublishedCited by 35 opinions
1Opinion of the CourtDay, J.
Dane County seeks to overturn a judgment of the circuit court which affirmed an order of the Wisconsin Department of Health and Social Services (DHSS).
The question is: Does a county have standing to challenge an administrative rule affecting it that was not promulgated in conformity with the rule-making procedure of Chapter 227 Wisconsin Stats.? We hold that it does.
The facts which give rise to the dispute between the county and DHSS are as follows: Miss D. P. is permanently disabled. In 1974, when the litigation began, D. P. was forty-seven and A. P., her mother, was eighty-seven. Prior to…
2Cases cited15 opinions
- State Ex Rel. Sonneborn v. SylvesterWisconsin Supreme Court · 1965
- Columbia County v. Board of Trustees of Wisconsin Retirement FundWisconsin Supreme Court · 1962
- City of Kenosha v. StateWisconsin Supreme Court · 1967
- Madison Metropolitan Sewerage District v. Committee on Water PollutionWisconsin Supreme Court · 1951
- State Ex Rel. City of La Crosse v. RothwellWisconsin Supreme Court · 1964
10 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Brown County v. Department of Health & Social ServicesWisconsin Supreme Court · 1981
- State Ex Rel. Teunas v. County of KenoshaWisconsin Supreme Court · 1988
- Silver Lake Sanitary District v. Wisconsin Department of Natural ResourcesCourt of Appeals of Wisconsin · 1999
- City of Appleton v. Town of MenashaWisconsin Supreme Court · 1988
- State Law Enforcement Standards Board v. Village of Lyndon StationCourt of Appeals of Wisconsin · 1980
30 more not listed; retrieve them via the Exa API.