Sec. § 980.12(1); State v. Schulpius, 2006 WI 1, ¶ 42 n. 11, 287 Wis. 2d 44, 707 N.W.2d 495, cert. denied, 126 S. Ct. 2042 (2006); State v. Sprosty, 227 Wis. 2d 316, 336, 595 N.W.2d 692 (1999). The responsibility for "care of persons . . . committed" under WIS. STAT. ch. 980 includes providing housing.
¶ 57 Substantive due process provides protection from “certain arbitrary, wrongful government actions.” State v. Schulpius, 2006 WI 1, ¶ 33, 287 Wis.2d 44, 707 N.W.2d 495. “The test to determine if the state conduct complained of violates substantive due process is if the conduct ‘shocks the conscience ... or interferes with rights implicit in the concept of ordered liberty.’ ” Id. (quoting State v. Joseph E.G., 2001 WI App 29, ¶ 13, 240 Wis.2d 481, 623 N.W.2d 137).
We have nevertheless continued to apply the Chevron/Kurtz factors. See, e.g., State v. Schulpius, 2006 WI 1, ¶27 n.6, 287 Wis.2d 44, 707 N.W.2d 495 (declining to overrule Kurtz). Neither party asks us to reconsider Kurtz.
The letter referred to the fact that another person eligible for supervised release had been waiting for more than one year for a residential option in light of the restricted areas in which such persons may reside, see Wis. Stat. § 980.08(4)(dm)1.a.-c., and the "exceedingly tight real estate market in southeastern Wisconsin." In response, Peshek, relying on State v. Sprosty, 227 Wis.2d 316, 595 N.W.2d 692 (1999), and State v. Schulpius, 2006 WI 1, 287 Wis.2d 44, 707 N.W.2d 495, moved for an order "compelling Kenosha County to buy, build, or lease a residence." The County opposed the motion.
Also, it is unknown if Groysman ever brought the one-day discrepancy to the attention of the trial court. We do not consider the merits of issues raised for the first time on appeal. See State v. Schulpius, 2006 WI 1, ¶ 26, 287 Wis.2d 44, 707 N.W.2d 495. We also note that if an objection had been raised in the trial court, OneWest could have filed an amended complaint. SeeWis. Stat. § 802.09(1); see alsoWis. Stat. § 803.01.
We do not consider arguments that are raised for the first time on appeal. See State v. Schulpius, 2006 WI 1, ¶ 26, 287 Wis.2d 44, 707 N.W.2d 495 (appellate court generally does not review an issue raised for the first time on appeal). Further, to the extent this court does not address a particular subissue, it is rejected because we have determined that it lacks merit.
¶19 We decline to address the merits of Brown's claim because he did not previously challenge the constitutionality of the statute. See State v. Schulpius, 2006 WI 1, ¶26, 287 Wis. 2d 44, 707 N.W.2d 495 (appellate courts generally will not address issues raised for the first time on appeal). Brown disagrees.
"Substantive due process provides protection from ‘certain arbitrary, wrongful government actions.’ " State ex rel. Greer v. Wiedenhoeft, 2014 WI 19, ¶57, 353 Wis. 2d 307, 845 N.W.2d 373 (quoting State v. Schulpius, 2006 WI 1, ¶33, 287 Wis. 2d 44, 707 N.W.2d 495 ). The right to equal protection of the laws arises from the Fourteenth Amendment to the United States Constitution.
Penterman, 211 Wis.2d 458, ¶ 39, 565 N.W.2d 521 (some quotation marks omitted) (quoting Zinermon, 494 U.S. at 125, 110 S.Ct. 975 ). “The test to determine if state conduct complained of violates substantive due process is if the conduct ‘shocks the conscience ... or interferes with rights implicit in the concept of ordered society.’ ” State ex rel. Greer, 353 Wis.2d 307, ¶ 57, 845 N.W.2d 373 (quoting State v. Schulpius, 2006 WI 1, ¶ 33, 287 Wis.2d 44, 707 N.W.2d 495 ). The Police Association argues both that the City's actions shock the conscience and that its actions interfere with a liberty interest.
In State v. Schulpius, we reiterated our holding in Marberry that even “where there was a violation of procedural due process ... release is not only inappropriate, it is not justifiable under the dual purposes of the statute.” 2006 WI 1, ¶ 39, 287 Wis.2d 44, 707 N.W.2d 495,cert. denied547 U.S. 1138, 126 S.Ct. 2042, 164 L.Ed.2d 797 (2006) (quoting Marberry, 262 Wis.2d 720, ¶ 30, 665 N.W.2d 155). ¶ 26 In light of these cases, it is clear that the protection of the public from sexually violent persons is of central importance in Wis. Stat. ch. 980 cases.