Legal Opinion · Concurring in part, dissenting in part

Jackson County v. State Department of Natural Resources

Wisconsin Supreme Court

Decided July 11, 2006No. 2004AP2582 & 2005AP545Published

1Concurring in part, dissenting in partShirley S. Abrahamson, C.J.

¶ 39. (concurring in part and dissenting in part). I agree with the conclusion in the majority opinion that Jackson County cannot rescind the tax deed.

¶ 40. I would not, however, remand the remaining issues to the court of appeals even though this court has the power to do so. In addition to the issue that is addressed by the majority opinion, the parties briefed two issues that the majority opinion declines to address. These issues involve the extent of the county's responsibilities as the present owner of a former landfill.1

*525¶ 41. Perhaps the court (including me) erred in not limiting the…

2Cases cited4 opinions

  1. Crown Life Insurance v. LaBonteWisconsin Supreme Court · 1983
  2. State v. StoehrWisconsin Supreme Court · 1986
  3. State v. StuartWisconsin Supreme Court · 2003
  4. Schwister v. SchoeneckerWisconsin Supreme Court · 2002

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