No. 20-694

Eagle Cove Camp & Conference Center, Inc., et al. v. Town of Woodboro, Wisconsin, et al.

Lower Court: Wisconsin
Docketed: 2020-11-19
Status: Denied
Type: Paid
Response Waived
Tags: due-process equal-protection federal-law judicial-review notice procedural-due-process property property-rights religious-exercise sanctions sua-sponte sua-sponte-analysis
Key Terms:
AdministrativeLaw SocialSecurity DueProcess Jurisdiction JusticiabilityDoctri
Latest Conference: 2021-01-15
Question Presented (from Petition)

1) Did the Wisconsin Court of Appeals Deprive and Did the Wisconsin
Supreme Court's Refusal to Accept the Case for Review Permit the
Deprivation of Petitioners of their Property in the Form of Monetary
Sanctions Without Affording Procedural Due Process of Law by the Court
of Appeals' Reversing, Without Notice or Prior Opportunity for Petitioners
to Be Heard, the Circuit Court's Denial of Sanctions on Grounds not
Raised in Woodboro's Circuit Court Motion for Sanctions and Based upon
the Court of Appeals' Reliance on its Own Unbriefed, 4-prong Sua Sponte
Analysis Where Each Prong of such Analysis Was Plainly Erroneous?

2) Did the Court of Appeals Err in Holding sua sponte that Wisconsin law,
rather than federal law, governs the claim preclusive effect of the
dispositive ruling(s) of a federal court made with respect to the same
transactional claim and Did the Wisconsin Supreme Court Participate in
that Error by Letting Stand that Error of Federal Law?

3) In Light of a Change in Federal Case Law Favorable to the Plaintiffs-
Petitioners Which Had the Effect of Abrogating an Karlier Unfavorable
Ruling on the Merits Made During the Federal Court Phase of Judicial
Proceedings on Plaintiffs' Case, Did the Wisconsin Courts of Review Deny
the Plaintiffs-Petitioners Equal Protection of the Laws by Allowing a
Continuing Restraint Through Affording the Abrogated Federal Court
Ruling Prospective Preclusive Effect on Plaintiffs-Petitioners Religious
Exercise to Stand While the Same Restraint Does Not Apply to All Other
Future Similarly-Situated Religious Land Use Applicants Within
Woodboro?

4) By Dispensing with Oral Argument contrary to Wis. STAT. §809.22(2), by
an Unreasoned Summary Denial of a Motion for Reconsideration, and by
Refusing to Address Numerous Issues and Arguments Raised on an Appeal
as of Right, Did the Wisconsin Court of Appeals Deny Petitioners their
Liberty Interest in and to Fair Adjudicative Process and/or in and to Free
Exercise of their Religion Without Affording them Procedural Due Process
of Law and Did the Wisconsin Supreme Court Participate in that Denial by
Letting Stand the Decision of the Wisconsin Court of Appeals?

Question Presented (AI Summary)

Did the Wisconsin courts deprive petitioners of due process by reversing sanctions without notice?

Docket Entries

2021-01-19
Petition DENIED.
2020-12-30
DISTRIBUTED for Conference of 1/15/2021.
2020-12-16
Waiver of right of respondents County of Oneida and Oneida County Board of Adjustment to respond filed.
2020-11-13
Petition for a writ of certiorari filed. (Response due December 21, 2020)

Attorneys

County of Oneida and Oneida County Board of Adjustment
Lisa Ann LawlessHusch Blackwell LLP, Respondent
Eagle Cove Camp & Conference Center, Inc., et al.
Arthur George Jaros Jr.Law Office of Arthur G. Jaros, Jr., Petitioner