GOTTLIEB and others, Appellants,
v.
CITY OF MILWAUKEE, Respondent.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
October 31, 1966.
January 10, 1967.
Attorney(s) appearing for the Case
For the appellants there were briefs by Frinzi, Catania, Neubecker & Styler and Nicholas C. Catania, all of Milwaukee, and oral argument by Nicholas C. Catania.
For the respondent there were briefs by John J. Fleming, city attorney, and Harry G. Slater, deputy city attorney, and oral argument by Mr. Slater.
Pursuant to sec. 269.56 (11), Stats., a brief was filed by Bronson C. La Follette, attorney general, Arlen C. Christenson, deputy attorney general, with Harold H. Persons, assistant attorney general, of counsel.
A brief amici curiae was filed by Goldberg, Previant & Uelmen of Milwaukee, for the Wisconsin State AFL-CIO, Milwaukee County Labor Council, and the Milwaukee Building and Construction Trades Council.
A brief amicus curiae was filed by Julian Bradbury of Madison, for the League of Wisconsin Municipalities.
A brief amicus curiae was filed by Brady, Tyrrell & Bruce, attorneys, and Richard W. Cutler and John S. Sammond of counsel, all of Milwaukee, for the Time Insurance Company.
Briefs amicus curiae were filed by Kaumheimer, Reinhart, Boerner, Van Deuren & Norris, attorneys, and Richard H. Norris III of counsel, all of Milwaukee, for the Wisconsin Clybourn Urban Redevelopment Corporation.
Briefs amicus curiae were filed by Quarles, Herriott & Clemons, attorneys, and Richard R. Teschner, Dale L. Sorden, and Robert H. Diaz, Jr., of counsel, all of Milwaukee, for the City Hall Square Redevelopment Corporation.
Supreme Court of Wisconsin.
HEFFERNAN, J.
This court takes the position that the constitutionality of a statute may be raised by a general demurrer when the complaint alleges that the statute upon which the defendant bases his conduct is unconstitutional (Bonnett v. Vallier (1908), 136 Wis. 193, 116 N. W. 885; State ex rel. Week v. State Board of Examiners (1947), 252 Wis. 32, 34, 30 N.W.2d 187), or when the demurring defendant contends that the plaintiff grounds his cause of action...
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