JORDAN v. MENOMONEE FALLS


28 Wis.2d 608 (1965)

JORDAN and others, Respondents, v. VILLAGE OF MENOMONEE FALLS, Appellant.

Supreme Court of Wisconsin.

November 2, 1965.


Attorney(s) appearing for the Case

For the appellant there were briefs by Puls & Puls of Milwaukee, and oral argument by C. Morse Puls.

For the respondents there was a brief by Lichtsinn, Dede, Anderson & Ryan of Milwaukee, and oral argument by Eldred Dede.


CURRIE, C. J.

The issue on this appeal is the constitutionality of the ordinance pursuant to which the $5,000 equalization fee was paid. Defendant asserts that the ordinance is a valid exercise of its police power in controlling subdivision development to assure its burgeoning population adequate parks and schools. Plaintiffs contend that sec. 8.03 of the ordinance levies a tax which is not authorized by the legislature...

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