COLUMBIA COUNTY and others, Plaintiffs,
v.
BOARD OF TRUSTEES OF WISCONSIN RETIREMENT FUND, Defendant.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
June 7, 1962.
June 29, 1962.
Attorney(s) appearing for the Case
For the plaintiffs there were briefs by Quarles, Herriott & Clemons of Milwaukee, special counsel, attorneys; and Maxwell H. Herriott and Laurence C. Hammond, Jr., both of Milwaukee, and district attorneys David H. Bennett for Columbia county, Pat H. Motley for Buffalo county, Donald J. Oakey for Burnett county, John J. Haka for Portage county, James R. Seering for Sauk county, Terence N. Hickey for Sawyer county, Larry A. Sieger for Vernon county, and Edward R. Macklin for Waupaca county, of counsel; and oral argument by Mr. Maxwell H. Herriott and Mr. Hammond.
For the defendant the cause was argued by J. R. Wedlake, assistant attorney general, with whom on the brief was John W. Reynolds, attorney general.
Briefs amici curiae were filed by Lawton & Cates of Madison, for the Wisconsin Professional Policemen's Association, Wisconsin Council of County & Municipal Employees, Wisconsin County Police, Deputy Sheriffs & Radio Operators Association, Wisconsin State Employees Association, Wisconsin Paid Firemen's Association, and United Professional Firefighters of Wisconsin; by Julian Bradbury of Madison, legal counsel for the League of Wisconsin Municipalities; and by John J. Fleming, city attorney of Milwaukee, and Harry G. Slater, deputy city attorney, legal counsel for the Employees' Retirement System of the city of Milwaukee.
Supreme Court of Wisconsin.
HALLOWS, J.
Standing on the threshold of the constitutional issues is the question whether the plaintiffs have the legal capacity to sue and the right to contest the constitutionality of ch. 459, Laws of 1961. No doubt, counties and a taxpayer have the capacity to bring a suit for declaratory relief under sec. 269.56, Stats. Sub. (13) thereof expressly so provides, and sec. 59.07 authorizes a county to commence and maintain an action to protect its interests. However...
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