Judge Sumi dismisses Dane County's collective bargaining lawsuit

[a kennedy]

Dane County and its leaders cannot sue the state of Wisconsin to block the controversial law restricting collective bargaining rights of public employees, a Dane County judge ruled Thursday.

Dane County Circuit Judge Maryann Sumi said that the county, along with County Executive Kathleen Falk and County Board Chairman Scott McDonell, do not have authority under state law to challenge the constitutionality of state laws and dismissed their lawsuit against state Department of Administration Secretary Mike Huebsch and state Department of Health Services Secretary Dennis Smith.
Sumi left one small shred of the case standing, if only temporarily.

She held off ruling on whether Falk and McDonell can sue the state in their personal capacities and as taxpayers until a hearing is held to determine whether she will consider a second amended complaint in the lawsuit which adds those claims. That document was filed earlier this week.

In making her ruling, Sumi distinguished between the county's lawsuit and an open meetings lawsuit brought by Dane County District Attorney Ismael Ozanne that is also pending before her.

http://host.madison.com/wsj/news/local/govt-and-politics/article_7b21817a-66ce-11e0-8d00-001cc4c002e0.html

[PeaceNikki]

1. hooo boy.

Good news is that the open meetings violation case will continue... for quite some time, it appears.

[GillesDeleuze]

2. yeah, standing is complicated stuff.

i hope the real issue will be heard, fully, by the court.

[PatrynXX]

4. Well we knew the barganing thing would be passed

against the will of the WI people, but the Open Meetings law is the rule issue. Flagrantly broke the law. And only Fitzwalkerstan would allow flagrant breaking of the law.

[midnight]

3. Hmmm....