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TOWN OF SALEM v. KENOSHA COUNTY

No. 35.

57 Wis.2d 432 (1973)

204 N.W.2d 467

TOWN OF SALEM, Respondent, v. KENOSHA COUNTY, Appellant.

Supreme Court of Wisconsin.

Decided February 27, 1973.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Joseph Salituro, corporation counsel.

For the respondent there was a brief by Schoone, McManus & Hanson, S. C., attorneys, and Robert J. Grady of counsel, all of Racine, and oral argument by Mr. Grady.

HALLOWS, C. J.

The briefs raise several questions and state facts which are not alleged in the complaint and therefore are dehors the record.1 The main issue the parties are arguing is not raised by facts pleaded and the complaint does not state the cause of action contended for by the town of Salem. Pertinent parts of the complaint allege the town adopted a resolution giving the town board all the powers of a village board and...

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