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IN RE PETITION FOR FOND DU LAC METROPOLITAN SEWERAGE DIST.

No. 202.

42 Wis.2d 323 (1969)

166 N.W.2d 225

IN RE PETITION FOR FOND DU LAC METROPOLITAN SEWERAGE DISTRICT: CITY OF FOND DU LAC, Appellant, v. MILLER and others, ELECTORS OF THE CITY AND TOWN OF FOND DU LAC, and another, Respondents.

Supreme Court of Wisconsin.

Decided April 1, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Henry B. Buslee, city attorney.

For the respondents there was a brief by St. Peter & Hauer, attorneys, and George M. St. Peter and Albert J. Hauer of counsel, all of Fond du Lac, and oral argument by George M. St. Peter.

A brief amicus curiae was filed by Jerry A. Edgar, legal counsel, and Jean G. Setterholm, staff attorney, both of Madison, for the League of Wisconsin Municipalities.

HANLEY, J.

The following issues are presented on this appeal:

(1) Is the legislative authority contained in secs. 66.20 to 66.209, Stats., a lawful delegation of authority;

(2) Is the court's finding of necessity for the proposed work and the general outline of the proposed improvements supported by substantial evidence; and

(3) Did the trial court dispose of all objections to the formation of a district as justice and equity require?

...

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