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HEIDER v. WAUWATOSA

37 Wis.2d 466 (1967)

HEIDER, Appellant, v. CITY OF WAUWATOSA, and others, Respondents.

Supreme Court of Wisconsin.

December 29, 1967.

Attorney(s) appearing for the Case

For the appellant there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland, attorneys, and Malcolm K. Whyte and Richard C. Ninneman of counsel, all of Milwaukee, and oral argument by Mr. Ninneman.

For the respondents there were a brief and oral argument by Milton F. Burmaster, city attorney of Wauwatosa, attorney, and Fraley N. Weidner of counsel, both of Milwaukee.

BEILFUSS, J.

Three issues are presented:

(1) Does the proposed initiative resolution attempt to enact measures which are administrative, therefore not proper subjects of "direct legislation" under sec. 10.43, Stats.?

(2) Would the proposed initiative resolution effect a repeal of existing legislation in a substantial degree?

(3) Must a court issue a writ of mandamus to compel the common council to submit an initiative resolution to the electorate...

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