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WEST ALLIS v. MILWAUKEE COUNTY

No. 307.

39 Wis.2d 356 (1968)

159 N.W.2d 36

CITY OF WEST ALLIS and others, Appellants, v. MILWAUKEE COUNTY, Respondents.

Supreme Court of Wisconsin.

Decided June 7, 1968.

Attorney(s) appearing for the Case

For the appellants there were briefs by William T. Schmid of West Allis, city attorney for the city of West Allis; Quarles, Herriott, Clemons, Teschner & Noelke of Milwaukee, for the village of West Milwaukee; Milton F. Burmaster of Wauwatosa, city attorney for the city of Wauwatosa; Francis W. Cathlina of South Milwaukee, city attorney for the city of South Milwaukee, attorneys, and L. C. Hammond, Jr., and Ross R. Kinney, both of Milwaukee of counsel, and oral argument by Mr. Hammond.

For the respondent there was a brief and oral argument by Robert P. Russell, corporation counsel.

HEFFERNAN, J.

Does the legislative grant to the county of Milwaukee to construct and tax for the purpose of constructing refuse-disposal facilities infringe on the home-rule rights of municipalities.

Ch. 62, Stats., constitutes the general charter for cities in the state of Wisconsin, and ch. 61 contains a grant of powers to villages. Sec. 62.11 (5) authorizes city councils to act "for the health, safety, and welfare of the public." Sec. 61.34 grants...

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