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STATE EX REL. BRELSFORD v. RETIREMENT BOARD

No. 158.

41 Wis.2d 77 (1968)

163 N.W.2d 153

STATE EX REL. BRELSFORD, Respondent, v. RETIREMENT BOARD OF THE POLICEMEN'S ANNUITY & BENEFIT FUND OF MILWAUKEE, Appellant.

Supreme Court of Wisconsin.

Decided December 20, 1968.

Attorney(s) appearing for the Case

For the appellant there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland, attorneys, and Don S. Peterson of counsel, all of Milwaukee, and oral argument by Mr. Peterson.

For the respondent there was a brief by Foley, Sammond & Lardner, attorneys, and Robert A. Christensen of counsel, all of Milwaukee, and oral argument by Mr. Christensen.

WILKIE, J.

The only issue raised by this appeal is whether Milwaukee's Charter Ordinance No. 22, 1927, is a presently effective exercise of home-rule authority granted by art. XI, sec. 3 of the Wisconsin Constitution which reads, in part, as follows:

"SECTION 3. Cities and villages organized pursuant to state law are hereby empowered, to determine their local affairs and government, subject only to this constitution and to such enactments of the legislature...

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