Legal Opinion · Concurrence

Xcel Energy Services, Inc. v. Labor & Industry Review Commission

Wisconsin Supreme Court

Decided July 11, 2013No. 2011AP000203Published

1ConcurrenceShirley S. Abrahamson, C.J.

¶ 61. (concurring). Although I do not join the majority opinion, I *269agree that the circuit court can adjudicate Xcel's complaint even though ACE was not a named party. I also agree that LIRC's decision and order should be affirmed on the merits. I write separately to express two concerns.

I

¶ 62. One concern is that the majority opinion repeatedly and incorrectly paraphrases Article VII, Section 8 of the Wisconsin Constitution without fully and accurately stating its terms. The majority opinion states as follows:

• Article VII, Section 8 "provides that circuit courts have jurisdiction to hear…

2Cases cited7 opinions

  1. Eberhardy v. Circuit Court for Wood CountyWisconsin Supreme Court · 1981
  2. Wisconsin's Environmental Decade, Inc. v. Public Service CommissionWisconsin Supreme Court · 1978
  3. Sunnyview Village, Inc. v. Department of AdministrationWisconsin Supreme Court · 1981
  4. Miller Brewing Co. v. Labor & Industry Review CommissionWisconsin Supreme Court · 1993
  5. Shopper Advertiser, Inc. v. Wisconsin Department of RevenueWisconsin Supreme Court · 1984

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