BROADFOOT, J.
The trial court, in its memorandum decision, cited the following quotation from Wendlandt v. Industrial Comm. 256 Wis. 62, 65, 39 N.W.2d 854:
"There is no doubt that, as a general principle, one may not enjoy the benefits and privileges of a statute and, after so doing, escape its burdens by attacking its validity. Gagnon v. Department of Agriculture & Markets (1939), 232 Wis. 259,
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