Sheely v. Department of Health & Social Services
Court of Appeals of Wisconsin
1Opinion of the CourtDykman, J.
The Department of Health and Social Services (DHSS) appeals from a judgment1 granting Linda Sheely’s motion for costs and attorney *330fees under sec. 814.245(3) Stats.,2 Wisconsin’s Equal Access to Justice Act. The issues are whether this was an action "by a state agency” within the meaning of sec. 814.245(3), whether sec. 814.245(3) allows costs and attorney fees to be assessed against an agency in its adjudicative capacity and whether this was a "proceeding for judicial review under sec. 227.485(6), Stats.”3 We conclude that this was not an action "by a state agency” within the meaning of sec.…
2Cases cited5 opinions
- Martineau v. State Conservation CommissionWisconsin Supreme Court · 1972
- Guthrie v. Wisconsin Employment Relations CommissionWisconsin Supreme Court · 1983
- Radoff v. Red Owl Stores, Inc.Wisconsin Supreme Court · 1982
- J.V.R. v. StateWisconsin Supreme Court · 1985
- Guthrie v. Wisconsin Employment Relations CommissionCourt of Appeals of Wisconsin · 1982
3Cited by4 opinions
- Sheely v. Wisconsin Department of Health & Social ServicesWisconsin Supreme Court · 1989
- Behnke v. Department of Health & Social ServicesCourt of Appeals of Wisconsin · 1988
- Gordon v. State Medical Examining BoardCourt of Appeals of Wisconsin · 1999
- Sheely v. Department of Health & Social ServicesCourt of Appeals of Wisconsin · 1988