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Judge to Decide Fate of CB Lawsuit Within Days

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MADISON, Wis. (WTAQ) - A Dane County judge will decide in the next two days whether to throw out a lawsuit which seeks to kill Wisconsin’s public employee union bargaining limits.

Judge Maryann Sumi heard arguments Wednesday on a suit by Dane County Executive Kathleen Falk. She said the union law should be rejected for good because it was adopted with the lack of a quorum and proper public notice in the Legislature.

Falk said the law would also have a negative impact on local governments. But lawyers for the Walker administration and the state Justice Department said the union bargaining limits cannot be challenged in court because they’ve yet to take effect.

The reason for that is the restraining order Judge Sumi issued in another lawsuit challenging the union measure. That one said a legislative conference committee broke the state’s Open Meeting Law when it passed the bill just over a month ago.

The Justice Department has asked the State Supreme Court to throw out Sumi’s restraining order and let the law take effect. The government also wants the Supreme Court, and not Sumi, to rule on the alleged Open Meeting law violation.

But an attorney for Assembly Democratic Leader Peter Barca has told the Supreme Court there’s no basis for throwing out the restraining order.

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