2007 WI 139
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Supreme Court of |
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Case No.: |
2006AP2761 |
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Complete Title: |
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Wisconsin Realtors Association, Inc. and Plaintiffs-Appellants, v. Town of Defendant-Respondent. |
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ON CERTIFICATION FROM THE COURT OF APPEALS |
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Opinion Filed: |
December 12, 2007 |
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Submitted on Briefs: |
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Oral Argument: |
November 29, 2007
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Source of Appeal: |
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Court: |
Circuit |
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County: |
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Judge: |
Andrew P. Bissonnette
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Justices: |
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Concurred: |
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Dissented: |
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Not Participating: |
ZIEGLER, J., did not participate. |
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Attorneys: |
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For the plaintiff-appellants there were briefs by Timothy D. Fenner, Lori M. Lubinsky, and
Axley Brynelson, LLP,
For the defendant-respondent there was a brief by Richard K Nordeng, Bryan Kleinmaier, and
Stafford Rosenbaum LLP,
An amicus curiae brief was filed by Carol B. Nawrocki, Shawano, on behalf of the Wisconsin Towns Association.
An amicus curiae brief was filed by Daniel M. Olson, Madison, on behalf of the League of Wisconsin Municipalities.
An amicus curiae brief was filed by Brian Ohm, Madison, on behalf of the Wisconsin Chapter of the American Planning Association and the American Planning Association.
An amicus curiae brief was filed by William White, Paul D. Barbato, and Michael Best & Friedrich LLP, Madison, on behalf of the Wisconsin Transportation Builders Association and Aggregate Producers of Wisconsin.
2007 WI 139
notice
This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports.
APPEAL from a judgment of the Circuit Court for
¶1 PER CURIAM. This case comes before the court on certification from the Wisconsin Court of Appeals.
¶2 The court is equally divided on whether to affirm or reverse the judgment of the circuit court. Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice Patience Drake Roggensack would affirm. Justice N. Patrick Crooks, Justice David T. Prosser, and Justice Louis B. Butler, Jr. would reverse on the grounds that neither Wis. Stat. § 236.45 nor Wis. Stat. § 61.34 provide the Town the authority to enact a moratorium on land division. Justice Annette Kingsland Ziegler did not participate.
¶3 When a certification or bypass results in a tie vote by this
court, the better course of action is to vacate our decision to accept
certification or bypass and remand the cause to the court of appeals. State
v. Richard Knutson, Inc.,
191
¶4 Accordingly,
we vacate our order granting certification and remand to the court of
appeals.
By the Court.—The order granting certification is
vacated and the cause is remanded to the court of appeals.
¶5 Justice ANNETTE KINGSLAND ZIEGLER did not participate.