WAUSAU, Wis. (WSAU) - The process towards a State Supreme Court case between the City of Wausau and IC WIlly's is back on schedule.
The attorney for IC Willys owner Thomas Nowell has filed a brief on the case with the State Supreme Court. The city now has until May 31st to file a response brief in the case.
At issue is whether or not an appeal of a license revocation should be handled as an entirely new case and hearing or as a review of revocation already performed by the municipality. The state appeals court ruled last year that circuit courts need to perform their own separate hearings in these cases. Attorney Shane Vander Waal says the appeals court made an error in judgement. "This case has implications for every municipality for every liquor license revocation in the state."
Under previous rulings and state practice, circuit courts would only judge whether or not a municipality's actions were reasonable in a revocation, and usually not overturn the decision unless missteps were made in the hearing and investigation process. Vander Waal says that the Appeals Court ruling undermines the work that municipalities put into the hearing process and renders any decisions they make pointless.
The Wisconsin League of Municipalities will be filing an amicus brief in the case at a later date.