Legal Opinion
Schmeling v. Phelps
Court of Appeals of Wisconsin
Decided August 14, 1997No. 96-2661PublishedCited by 11 opinions
1Opinion of the CourtDeininger, J.
Dane County Executive, Richard Phelps, 1 appeals a judgment declaring invalid his veto of a petition to rezone a parcel of real estate owned by Robert McGinnity after the petition had been approved by the Dane County Board of Supervisors. Phelps claims that the trial court erred in granting judgment to McGinnity and not to him because: (1) his veto is a discretionary act for which he is immune from suit under § 893.80(4), Stats.; (2) his veto authority is a constitutionally based power entitled to deference from the judiciary; (3) the trial court based its decision on evidence not properly…
2Cases cited20 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Green Spring Farms v. KerstenWisconsin Supreme Court · 1987
- Basim Esmail, Zabco Enterprises, Incorporated, and Nazco Enterprises, Incorporated v. Samuel T. MacRane Jr.Court of Appeals for the Seventh Circuit · 1995
- State v. HoltCourt of Appeals of Wisconsin · 1985
- Minuteman, Inc. v. AlexanderWisconsin Supreme Court · 1989
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. ColeWisconsin Supreme Court · 2003
- Willow Creek Ranch, L.L.C. v. Town of ShelbyWisconsin Supreme Court · 2000
- Eternalist Foundation, Inc. v. City of PlattevilleCourt of Appeals of Wisconsin · 1999
- National Motorists Ass'n v. Office of the Commissioner of InsuranceCourt of Appeals of Wisconsin · 2002
- Murray v. City of MilwaukeeCourt of Appeals of Wisconsin · 2002
6 more not listed; retrieve them via the Exa API.