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MASTER DISPOSAL v. VIL. OF MENOMONEE FALLS

No. 178.

60 Wis.2d 653 (1973)

211 N.W.2d 477

MASTER DISPOSAL, INC., Appellant, v. VILLAGE OF MENOMONEE FALLS and others, Respondents.

Supreme Court of Wisconsin.

Decided October 30, 1973.

Attorney(s) appearing for the Case

For the appellant there was a brief by McLario, Bernoski & Koener, attorneys, and Ronald George Bernoski of counsel, all of Menomonee Falls, and oral argument by Ronald S. Koener.

For the respondents there was a brief by Puls & Puls, attorneys, and Norman J. Baker of counsel, all of Milwaukee, and oral argument by Mr. Baker.

BEILFUSS, J.

While not raised in the briefs, at oral argument this court posed the question of whether the trial court and, in turn, this court, had jurisdiction because the plaintiff sought declaratory relief rather than a writ of certiorari as required by sec. 62.23 (7) (e), Stats., and this court's opinion in Ferch v. Schroedel (1942), 241 Wis. 457, 6 N.W.2d 176. Although invited to do so, neither party has responded...

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