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BLECK v. MONONA VILLAGE

34 Wis.2d 191 (1967)

BLECK, Respondent, v. MONONA VILLAGE, Appellant.

Supreme Court of Wisconsin.

February 28, 1967.

Attorney(s) appearing for the Case

For the appellant there were briefs by Immell, Herro, Buehner, DeWitt & Sundby of Madison, and oral argument by Robert D. Sundby.

For the respondent there was a brief and oral argument by Charles A. Bleck of Madison, in pro. per.

A brief amicus curiae was filed by Julian Bradbury of Madison, legal counsel for the League of Wisconsin Municipalities.

HANLEY, J.

The following basic issue is presented:

May a village incorporate as a fourth-class city pursuant to its own plan of incorporation and organization and not be governed by state law in such creation and organization?

Sec. 1 of the ordinance reads:

"Section 1: EXERCISE OF HOME RULE AUTHORITY. The Village of Monona, Wisconsin, hereby elects pursuant to Section 3, Article XI, Wisconsin Constitution, and Section 66.01, Wis. Stats...

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