Legal Opinion
Fazio v. Department of Employee Trust Funds
Court of Appeals of Wisconsin
Decided April 25, 2002No. 01-2595PublishedCited by 5 opinions
1Opinion of the Court
VERGERONT, PJ.
¶ 1. Mary Fazio appeals the order dismissing her complaint, which alleged that the retention of the death benefit due her by the Department of Employee Trust Funds (DETF) constituted unjust enrichment and a taking without just compensation contrary to Wis. Const. art. I, § 13. The circuit court dismissed the complaint without prejudice upon concluding that Fazio had not exhausted the administrative remedies available to her. She contends on appeal that using the administrative process would be futile, and she is therefore not required to exhaust it before seeking in court the…
2Cases cited8 opinions
- Nodell Investment Corp. v. City of GlendaleWisconsin Supreme Court · 1977
- Hogan v. MusolfWisconsin Supreme Court · 1991
- State Ex Rel. Hensley v. EndicottWisconsin Supreme Court · 2001
- Kmiec v. Town of Spider LakeWisconsin Supreme Court · 1973
- Wisconsin Retired Teachers Ass'n v. Employe Trust Funds BoardWisconsin Supreme Court · 1997
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3Cited by5 opinions
- Fazio v. Department of Employee Trust FundsCourt of Appeals of Wisconsin · 2005
- Wisconsin Department of Employment Relations v. Wisconsin State Building Trades Negotiating CommitteeCourt of Appeals of Wisconsin · 2003
- Helnore v. Department of Natural ResourcesCourt of Appeals of Wisconsin · 2005
- Fazio v. DEPT. OF EMPLOYEE TRUST FUNDSWisconsin Supreme Court · 2006
- Fazio v. Department of Employee Trust FundsWisconsin Supreme Court · 2006