New Richmond News v. City of New Richmond

2015 WI 106, 875 N.W.2d 107, 365 Wis. 2d 610, 2015 Wisc. LEXIS 716

• Court: Wisconsin Supreme Court
• Decided: December 18, 2015
• Docket: 2014AP001938
• Status: Published

Opinions

PER CURIAM.

¶ 1. The court is equally divided on whether to affirm or reverse the judgment of the circuit court for St. Croix County. This case was argued before the full court; however, Justice N. Patrick Crooks passed away prior to the court's decision. Justice Rebecca G. Bradley was appointed to the court after the court's decision, and therefore did not participate. Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice David T. Prosser would affirm. Chief Justice Patience Drake Roggensack, Justice Annette Kingsland Ziegler, and Justice Michael J. Gableman would reverse.

¶ 2. This court accepted jurisdiction over this appeal on a petition to bypass. Wis. Stat. § (Rule) 809.60 (2013-14). We have previously stated that when a tie vote occurs in this court on a bypass or certification, "justice is better served in such an instance by remanding to the court of appeals for their consideration." State v. Richard Knutson, Inc., 191 Wis. 2d 395, 396-97, 528 N.W.2d 430 (1995) (remanding to court of appeals on a tie vote on certification); see also State v. Elam, 195 Wis. 2d 683, 684-85, 538 N.W.2d 249 (1995) (restating rule but declining to remand to court of appeals on a tie vote on bypass because court of appeals had previously decided issue).

¶ 3. Accordingly, we vacate our order granting the petition to bypass and remand to the court of appeals.

By the Court. — Decision to grant the petition to bypass vacated and cause remanded.

¶ 4. REBECCA G. BRADLEY, J., did not participate.