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MADISON METROPOLITAN SEWERAGE DIST. v. STEIN

No. State 5. 1970.

47 Wis.2d 349 (1970)

177 N.W.2d 131

MADISON METROPOLITAN SEWERAGE DISTRICT, Petitioner, v. STEIN, Respondent.

Supreme Court of Wisconsin.

Decided June 2, 1970.

Attorney(s) appearing for the Case

For the petitioner there was a brief by Petersen, Axley, Brynelson & Herrick, and oral argument by Eugene O. Gehl, all of Madison.

For the respondent there was a brief and oral argument by Francis Lamb of Madison.

A brief amicus curiae was filed by Cohen, Grant, Crooks, Parins & Liebmann and Meyer M. Cohen, all of Green Bay, for the Green Bay Metropolitan Sewerage District.

A brief amicus curiae was filed by Richard A. Lehmann of Madison, on his own behalf.

BEILFUSS, J.

The parties have agreed the following issues are before the court:

1. Does the curative act violate the state constitutional prohibition of special laws by legislating for a closed class?

2. Does the curative act violate the state constitutional prohibition of special laws respecting the assessment and collection of taxes?

3. Does the curative act create a viable municipality when the...

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