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FIORE v. MADISON

264 Wis. 482 (1953)

FIORE, Appellant, vs. CITY OF MADISON, Respondent. [Three cases.]

Supreme Court of Wisconsin.

July 3, 1953.

Attorney(s) appearing for the Case

For the appellants there was a brief by Randolph R. Conners and Frederick F. Hillyer, both of Madison, and oral argument by Mr. Hillyer.

For the respondent there was a brief and oral argument by Harold E. Hanson, city attorney.

A brief amici curiae was filed by Robert D. Sundby of Madison, counsel for the League of Wisconsin Municipalities, and by Harry G. Slater, first assistant city attorney, for the city of Milwaukee.

BROWN, J.

The controversy centers around the city's segregation of $600,737.06 of its funds by appropriating them to a "city-county nonlapsing building-reserve fund" instead of devoting them to the budget and plaintiff's effort to make such amount available to defray the 1952 budget pro tanto.

On December 27, 1951, the common council, which is the governing body of the city of Madison, a city of the second...

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