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BERES v. NEW BERLIN

34 Wis.2d 229 (1967)

BERES, Appellant, v. CITY OF NEW BERLIN and others, Respondents.

Supreme Court of Wisconsin.

March 3, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief by Carr, Mazza & Wagner of New Berlin, attorneys, and John A. Udove of Milwaukee of counsel, and oral argument by Mr. John T. Carr and Mr. Udove.

For the respondents there was a brief and oral argument by Clayton A. Cramer of Waukesha, city attorney.

HEFFERNAN, J.

It is well settled that mandamus will not lie to compel the performance of an official act when the officer's duty is not clear and requires the exercise of judgment and discretion. Wisconsin Pharmaceutical Asso. v. Lee (1953), 264 Wis. 325, 58 N.W.2d 700. It is equally true that "mandamus is not a proper remedy to control the acts of municipal bodies when acting within...

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