7th Circuit Court of Appeals Rules 2-1 that State’s Appeal Cannot Move Forward
Madison – Yesterday, a divided 7th Circuit Court of Appeals ruled 2-1 that the Wisconsin Department of Transportation (WisDOT) lacked standing to appeal Judge Lynn Adelman’s ruling on Highway 23. It reached this decision because the U.S. Department of Transportation declined to join WisDOT in its appeal. In response, area legislators Senators Devin LeMahieu (R-Oostburg), Dan Feyen (R-Fond du Lac), Duey Stroebel (R-Cedarburg) and Representatives Tyler Vorpagel (R-Plymouth), Terry Katsma (R-Oostburg), and Jeremy Thiesfeldt (R-Fond du Lac) issued the following statement:
“It is extremely unfortunate that the 7th Circuit Court of Appeals declined to even allow the state’s appeal to move forward. This appeal was filed on May 31, 2016. It is a slap in the face to our constituents that the court took more than a year to reach a decision on standing.”
“As legislators whose districts are directly affected by this decision, we remain committed to this project. The Highway 23 expansion is vital to the safety of our roads and the strength of our local economy.
“We urge the Wisconsin Department of Transportation to work quickly to determine its next steps to complete this expansion. We will continue to collaborate with Secretary Dave Ross and agency officials to make this project a reality.”