Metropolitan Milwaukee Association of Commerce, Inc. v. City of Milwaukee
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2010 WI 122 SUPREME COURT CASE NO.: COMPLETE TITLE: OF WISCONSIN 2009AP1874-AC Metropolitan Milwaukee Association of Commerce, Inc., Plaintiff-Respondent, v. City of Milwaukee, Defendant, 9to5 National Association of Working Women, Milwaukee Chapter, Intervenor-Defendant-Appellant. ON CERTIFICATION FROM THE COURT OF APPEALS OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: October 14, 2010 October 1, 2010 SOURCE OF APPEAL: COURT: COUNTY: JUDGE: Circuit Milwaukee Thomas R. Cooper JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ZIEGLER, J., did not participate. ATTORNEYS: For the intervenor-defendant-appellant there were briefs by Barbara Z. Quindel, Richard Saks, and Hawks Quindel, S.C., Milwaukee, and oral argument by Barbara Z. Quindel. For the plaintiff-respondent there was a brief by Scott C. Beightol, Joseph Louis Olson, and Michael, Best & Friedrich, LLP, Milwaukee, and oral argument by Scott C. Beightol. An amicus curiae brief was filed on behalf of the Wisconsin Coalition Against Domestic Violence and the Wisconsin Coalition Against Sexual Assault by Tony Gibart and the Wisconsin Coalition Against Domestic Violence, Madison. 2010 WI 122 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2009AP1874-AC (L.C. No. 2008CV18220) STATE OF WISCONSIN : IN SUPREME COURT Metropolitan Milwaukee Association of Commerce, Inc., Plaintiff-Respondent, FILED v. City of Milwaukee, OCT 14, 2010 Defendant, 9to5 National Association of Working Women, Milwaukee Chapter, A. John Voelker Acting Clerk of Supreme Court Intervenor-Defendant-Appellant. APPEAL from an order of the Circuit Court for Milwaukee County, Thomas R. Cooper, Judge. Order granting certification vacated and cause remanded to the Court of Appeals. ¶1 PER CURIAM. The court is equally divided whether to affirm or reverse the order of the circuit court. T. Prosser, Michael J. Justice Gableman Patience would Drake affirm. Justice David Roggensack, Chief Justice and Justice Shirley S. No. 2009AP1874-AC Abrahamson, Justice Ann Walsh Bradley, and Justice N. Patrick Crooks would reverse. Justice Annette Kingsland Ziegler did not participate. ¶2 When a certification or bypass results in a tie vote by this court, the better course of action is to vacate our decision to accept certification or bypass and remand the cause to the court of appeals. 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). ¶3 Accordingly, we vacate our order certification and remand to the court of appeals. 2 granting
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