Legal Opinion
Porter v. State
Court of Appeals of Wisconsin
Decided August 29, 2017No. 2016AP1599PublishedCited by 4 opinions
1Opinion of the Court
¶ 1.
STARK, P.J.
In this appeal, E. Glenn Porter, III and Highland Memorial Park, Inc.,1 contend two statutes, which the parties refer to as the "anti-combination laws," are facially unconstitutional on equal protection and substantive due process grounds. Generally speaking, the anti-combination laws prohibit the joint ownership or operation of a cemetery and a funeral home. The State2 asserts the anti-combination laws survive rational basis scrutiny and are therefore constitutionally permissible. Porter agrees the anti-combination laws are subject to rational basis review; however, he urges…
2Cases cited27 opinions
- San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
- Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
- Massachusetts Board of Retirement v. MurgiaSupreme Court of the United States · 1976
- Schweiker v. WilsonSupreme Court of the United States · 1981
- Clark v. JeterSupreme Court of the United States · 1988
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3Cited by4 opinions
- E. Glen Porter, III v. State of WisconsinWisconsin Supreme Court · 2018
- D. R. v. B. D. (In re M. L. D.)Court of Appeals of Wisconsin · 2019
- Manthe v. Department of TransportationCourt of Appeals of Wisconsin · 2019
- Wisconsin Cottage Food Association v. WI Department of Agriculture, Trade and Consumer ProtectionCourt of Appeals of Wisconsin · 2024