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THOMPSON v. KENOSHA COUNTY

No. 204.

64 Wis.2d 673 (1974)

221 N.W.2d 845

THOMPSON and others, Appellants, v. KENOSHA COUNTY, Respondent.

Supreme Court of Wisconsin.

Decided October 1, 1974.

Attorney(s) appearing for the Case

For the appellants there was a brief by Curtis M. Kirkhuff of Madison, attorney, and Cecil T. Rothrock of Kenosha, of counsel, and oral argument by Mr. Kirkhuff.

For the respondent there was a brief by Joseph Salituro, corporation counsel, and oral argument by Frank V. Volpintesta, acting corporation counsel.

A brief amicus curiae was filed by Harold H. Fuhrman and Wickert & Fuhrman, attorneys, and John P. Roemer of counsel, all of Milwaukee, for the League of Suburban Municipalities.

WILKIE, C. J.

The threshold issue here is whether plaintiffs have standing under sec. 269.56, Stats., to challenge the constitutionality of sec. 70.99. They do.

Since the suit seeks a declaratory judgment, the standing question must be answered based on the criteria contained in sec. 269.56, Stats., the Declaratory Judgments Act. Sec. 269.56 provides in part:

"(1) SCOPE. Courts of record within their respective jurisdictions shall have power to declare...

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