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MILWAUKEE v. SEWERAGE COMM.

268 Wis. 342 (1954)

CITY OF MILWAUKEE, Respondent, vs. SEWERAGE COMMISSION OF CITY OF MILWAUKEE, Appellant.

Supreme Court of Wisconsin.

December 20, 1954.

Attorney(s) appearing for the Case

For the appellant there were briefs by Bitker & Marshall, and oral argument by Mrs. Marjorie L. Marshall, all of Milwaukee.

For the respondent there was a brief by Walter J. Mattison, city attorney, and Arthur Saltzstein, assistant city attorney, and Richard F. Maruszewski, assistant city attorney, of counsel, and oral argument by Mr. Saltzstein and Mr. Maruszewski.

A brief was also filed by the Attorney General and Roy G. Tulane, assistant attorney general, and oral argument by Mr. Tulane.

STEINLE, J.

Consolidation of a town with a city is authorized by sec. 66.02, Stats. Procedure for such consolidation is specified in the statute.

Sec. 66.02, Stats., provides:

"CONSOLIDATION. Any town, village, or city may be consolidated with a contiguous town, village, or city, by ordinance, passed by a two-thirds vote of all the members of each board or council, fixing the terms of the consolidation and ratified by the electors at a referendum held...

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