FORT HOWARD PAPER CO. v. TOWN BOARD


266 Wis. 191 (1954)

FORT HOWARD PAPER COMPANY, Appellant, vs. TOWN BOARD OF ASHWAUBENON and another, Respondents.

Supreme Court of Wisconsin.

March 2, 1954.


Attorney(s) appearing for the Case

For the appellant there were briefs by Lines, Spooner & Quarles of Milwaukee, and Everson, Ryan, Whitney & O'Melia of Green Bay, attorneys, and Maxwell H. Herriott of Milwaukee, John C. Whitney of Green Bay, and William K. McKibbage of Milwaukee of counsel, and oral argument by Mr. Herriott.

For the respondents there was a brief by Davis, Soquet & Davis of Green Bay, and oral argument by Donald E. Soquet.


FAIRCHILD, C. J.

In seeking a reversal of the judgment, appellant first raises the question of the constitutionality of secs. 60.30 to 60.309, Stats. It is urged by appellant that those statutes constitute an unconstitutional delegation of legislative power by creating opportunity for a district to "benefit to the extent it evaded the constitutional debt limitation" of sec. 3, art. XI of the Wisconsin constitution, which limits the indebtedness of any municipal corporation...

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