Legal Opinion

Sheely v. Department of Health & Social Services

Court of Appeals of Wisconsin

Decided May 26, 1988No. 87-2121PublishedCited by 4 opinions

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

  1. Martineau v. State Conservation CommissionWisconsin Supreme Court · 1972
  2. Guthrie v. Wisconsin Employment Relations CommissionWisconsin Supreme Court · 1983
  3. Radoff v. Red Owl Stores, Inc.Wisconsin Supreme Court · 1982
  4. J.V.R. v. StateWisconsin Supreme Court · 1985
  5. Guthrie v. Wisconsin Employment Relations CommissionCourt of Appeals of Wisconsin · 1982

3Cited by4 opinions

  1. Sheely v. Wisconsin Department of Health & Social ServicesWisconsin Supreme Court · 1989
  2. Behnke v. Department of Health & Social ServicesCourt of Appeals of Wisconsin · 1988
  3. Gordon v. State Medical Examining BoardCourt of Appeals of Wisconsin · 1999
  4. Sheely v. Department of Health & Social ServicesCourt of Appeals of Wisconsin · 1988

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