Town of Ashwaubenon v. State Highway Commission

The following issues are presented: First, is the hearing under sec. 84.025 (3), Stats., a hearing in a “contested case;” second, does the State Highway Commission function in a legislative capacity in relocating a state arterial highway; and third, what is the nature of the judicial review under ch. 227, Stats., of a legislative decision by an administrative board?

Sec. 84.025 (1) and (3), Stats., provides that:

“(1) The legislature finds and declares it is necessary in the interests of public safety, convenience, and the general welfare that a part of the state trunk highway system be…