KONKEL v. DELAFIELD COMMON COUNCIL

No. 382.

68 Wis.2d 574 (1975)

229 N. W. 2d 606

KONKEL and others, Appellants, v. COMMON COUNCIL, City of Delafield, and another, Respondents.

Supreme Court of Wisconsin.

Decided June 3, 1975.


Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Thomas A. Hauke of Milwaukee.

For the respondents the cause was submitted on the brief of Dale W. Arenz, city attorney, and Hippenmeyer, Reilly & Arenz of Delafield for respondent common council, and by William C. Yellin of Milwaukee for respondent National Exchangors, Inc.


Submitted under sec. (Rule) 251.54 March 6, 1975.

HEFFERNAN, J.

The plaintiffs, certain residents of the city of Delafield, commenced this action for declaratory judgment that Ordinance No. 87, passed by the Delafield Common Council on August 2, 1972, was invalid. The ordinance provides:

"The Common Council of the City of Delafield, Waukesha County, Wisconsin, do ordain as follows:

"Section 1. The following described real estate being...

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