Opinion
No. 93-1750.
Oral argument March 7, 1995. —
Decided June 1, 1995.
REVIEW of a decision of the Court of Appeals affirming an order of the Circuit Court for Dane county, MARK A. FRANKEL, Judge. Affirmed.
For the plaintiff-appellant-petitioner the cause was argued by David J. Gilles, assistant attorney general, with whom on the briefs were James D. Jeffries, assistant attorney general, David J. Gilles, assistant attorney general and James E. Doyle, attorney general.
For the defendants-respondents there was a combined brief by John R. Dawson and Foley Lardner, Milwaukee; Daniel W. Hildebrand, Dennis P. Birke and Ross Stevens, S.C., Madison and Ronald J. Greene, Marc R. Cohen and Wilmer, Cutler Pickering of Washington, D.C. and oral argument by Daniel W. Hildebrand.
Amicus curiae brief was filed by Curtis A. Witynski, Legal Counsel, Madison for the League of Wisconsin Municipalities.
Amicus curiae brief was filed by D.J. Weis and Habush, Habush, Davis Rottier, S.C., Rhinelander for the Wisconsin Academy of Trial Lawyers.
(Affirming 185 Wis.2d 686, 517 N.W.2d 705 (Ct.App. 1994).)
The court is equally divided on the question of whether to affirm or reverse the decision of the court of appeals. Justice STEINMETZ, Justice WILCOX, and Justice GESKE would affirm; Chief Justice HEFFERNAN, Justice DAY, and Justice BABLITCH would reverse. Justice Abrahamson did not participate.
Accordingly, the decision of the court of appeals is affirmed.