Wisconsin Code § 809.104

Appeal of decisions relating to electronics and information technology manufacturing zone
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(1)
APPLICABILITY. This section applies to the appeal of a judgment
or order vacating, enjoining, reviewing, or otherwise relating to a
decision by a state or local official, board, commission, condemnor, authority, or department concerning an electronics and information technology manufacturing zone designated under s.
238.396 (1m) and supersedes all inconsistent provisions of this
chapter.
(2) APPEAL AS OF RIGHT. (a) Notwithstanding s. 808.03 (1),
an appeal from a judgment or order of the trial court vacating, enjoining, reviewing, or otherwise relating to a decision by a state or
local official, board, commission, condemnor, authority, or department concerning an electronics and information technology
manufacturing zone designated under s. 238.396 (1m) may be
taken to as a matter of right and is governed by this section.
(b) A party may initiate an appeal under this section by filing
a notice of appeal with the clerk of the trial court in which the order or judgment appealed from was entered and shall specify in
the notice of appeal the order or judgment appealed from. The
docketing statement required under s. 809.10 (1) (d) shall be filed
in the circuit court and shall accompany the notice of appeal. The
appellant shall pay the filing fee with the notice of appeal. The
clerk of the circuit court shall transmit to the court of appeals,
within 3 days after the filing of the notice of appeal, the docketing
statement, a copy of the notice of appeal, and a copy of the circuit
court record of the case maintained under s. 59.40 (2) (b) or (c).
(bm) The clerk of the court of appeals shall file the appeal
upon receipt of the items referred to in par. (b). The clerk shall
assign a case number, create a notice that the case has been docketed, and transmit the notice to the clerk of circuit court. The
clerk shall serve the notice of docketing on paper parties by traditional methods.
(c) The appellant shall request a copy of the transcript of the
court reporter’s verbatim record of the proceedings for each of the
parties to the appeal and make arrangements to pay for the transcript and copies within 5 days after the filing of the notice of appeal under par. (b).
(d) Within 5 days after filing of the notice of appeal in the circuit court, the appellant shall file a statement on transcript with
the clerk of circuit court, who shall transmit the statement on
transcript to the court of appeals within 3 days after its filing.
The statement on transcript shall either designate the portions of
the transcript that have been requested by the appellant or contain
a statement by the appellant that a transcript is not necessary for
prosecution of the appeal. If a transcript is necessary for prosecution of the appeal, the statement on transcript shall also contain a

statement by the court reporter that the appellant has requested
copies of the transcript or designated portions thereof for each of
the other parties; that the appellant has made arrangements to pay
for the original transcript and for all copies for the other parties;
the date on which the appellant requested the transcript and made
arrangements to pay for it; and the date on which the transcript
must be served on the parties.
(dm) For electronic filing users in the circuit court case, receipt of the notice of appeal, docketing statement, and statement
on transcript through the circuit court electronic filing system
shall constitute service of the documents. The appellant shall
serve the notice of appeal, docketing statement, and statement on
transcript on paper parties by traditional methods.
(e) The court reporter shall serve copies of the transcript on
the parties indicated in the statement on transcript within 5 days
after the date the appellant requested copies of the transcript under par. (c).
(f) Subsequent proceedings in the appeal are governed by the
procedures for civil appeals and the procedures under subch. VI,
except as follows:
1. The appellant shall file a brief within 15 days after the filing of the record on appeal.
2. The respondent shall file a brief within 10 days after the
service of the appellant’s brief.
3. The appellant shall file within 10 days after the service of
the respondent’s brief a reply brief or statement that a reply brief
will not be filed.
4. Within 3 days of receipt of the appellant’s reply brief or
statement that a reply brief will not be filed under subd. 3., the
court of appeals shall certify the appeal to the supreme court under s. 809.61.
5. The supreme court shall give preference to a certification
from the court of appeals under this section. If the supreme court
refuses to take jurisdiction of the appeal certified to it by the
court of appeals under this section, the appeal shall continue in
the court of appeals as though the certification had not been
made.
(3) STAY PENDING APPEAL. Any judgment or order of a circuit court vacating, enjoining, reviewing, or otherwise relating to
a decision by a state or local official, board, commission, condemnor, authority, or department concerning an electronics and
information technology manufacturing zone designated under s.
238.396 (1m) shall be stayed automatically upon the filing of an
appeal as provided under this section. Any party to the proceeding may apply to the appellate court in which the case is pending
at the time to request that the stay be modified or vacated.

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