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PRECHEL v. MONROE

No. 92.

40 Wis.2d 231 (1968)

161 N.W.2d 373

PRECHEL and others, Appellants, v. CITY OF MONROE and others, Respondents: HARE and others, Intervening Defendants and Respondents.

Supreme Court of Wisconsin.

Decided October 4, 1968.

Attorney(s) appearing for the Case

For the appellants there was a brief by Campbell, Brennan, Steil & Ryan and David J. MacDougall, all of Janesville, and oral argument by Mr. MacDougall.

For the respondents there was a brief by William J. Schmitz, city attorney of Monroe, and for the intervenors-respondents by Regez, Johnson & Callahan and Rudolph P. Regez, all of Monroe, and oral argument by Mr. Schmitz and Mr. Rudolph P. Regez.

HEFFERNAN, J.

The appellants take the position that the legislative intent to permit a mandatory referendum is clear from the face of the statute. Admittedly, action of the Monroe city council was pursuant to sec. 66.43, Stats., the "Blighted Area Law." Sec. 66.43 (17) is the last subsection of that act. It provides:

"LIQUIDATION AND DISPOSAL. Projects held under this section may be liquidated and disposed of under s. 66.40 (25)."

Sec. 66.40 (25),...

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