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BURKE v. MADISON

17 Wis.2d 623 (1962)

TOWN OF BURKE and another, Appellants, v. CITY OF MADISON, Respondent.

Supreme Court of Wisconsin.

October 30, 1962.

Attorney(s) appearing for the Case

For the appellants there were briefs by Robert Mortensen, and oral argument by Robert D. Martinson, both of Madison.

For the respondent there was a brief by Edwin C. Conrad, city attorney, and Orr, Isaksen, Werner & Lathrop, special counsel, and oral argument by Leon Isaksen and Trayton L. Lathrop.

CURRIE, J.

The two issues presented by this appeal are:

(1) Is the statutory procedure provided for contesting a referendum election the exclusive remedy for so doing thus precluding in this action defendant city's disputing the election result certified by the election inspectors?

(2) If the preceding question is answered in the affirmative, is the principle of exclusive remedy vitiated and rendered inapplicable to the facts of the instant case because...

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