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FOND DU LAC v. EMPIRE

273 Wis. 333 (1956)

CITY OF FOND DU LAC, Respondent, vs. TOWN OF EMPIRE and others, Appellants.

Supreme Court of Wisconsin.

June 22, 1956.

Attorney(s) appearing for the Case

For the appellants there was a brief by St. Peter & Hauer of Fond du Lac, and oral argument by George M. St. Peter and Albert J. Hauer.

For the respondent there was a brief by Frederick K. Foster, corporation counsel, and Worthing & Calhoun, special counsel, and oral argument by Mr. Kenneth E. Worthing and Mr. Foster.

A brief was filed by Willink & Thompson of Madison, for the Wisconsin Farm Bureau Federation, Co-operative, as amicus curiae.

A brief was filed by Roy W. Thiel of Fond du Lac, for the town of Taycheedah, as amicus curiae.

BROADFOOT, J.

The defendants vigorously contend that they had ample authority to enact the three ordinances. It is conceded that the town board has been granted the powers of a village board.

The powers of villages are derived solely from the state through the legislature, except where the people of the state by a constitutional home-rule provision vest the village with some degree of local sovereignty. The legislature of Wisconsin has never been hostile to...

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