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SCHMIDT v. LOCAL AFFAIRS & DEVELOPMENT DEPT.

No. 256.

39 Wis.2d 46 (1968)

158 N.W.2d 806

SCHMIDT and another, Appellants, v. DEPARTMENT OF LOCAL AFFAIRS & DEVELOPMENT (Resource Development), Respondent.

Supreme Court of Wisconsin.

Decided May 7, 1968.

Attorney(s) appearing for the Case

For the appellants there were briefs by Quarles, Herriott, Clemons, Teschner & Noelke, attorneys, and L. C. Hammond, Jr., and George K. Whyte, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Hammond.

For the respondent the cause was argued by William F. Eich, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

BEILFUSS, J.

This appeal presents three issues for determination:

1. Does sec. 66.016 (1) (a) and (b), Stats., constitute an invalid delegation of legislative power to the director?

2. Do the appellants have standing to attack the constitutionality of secs. 66.016 (2) or 66.014 (9) (e) 3?

3. Did the director act in excess of his authority by stating that the town of Salem had no "dominant" community center?

Sec. 66.016, Stats., states...

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