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STATE EX REL. SUNDBY v. ADAMANY

No. 75-416.

71 Wis.2d 118 (1976)

237 N.W.2d 910

STATE EX REL. SUNDBY, on behalf of himself and all persons similarly situated, Petitioner, v. ADAMANY, Secretary, Department of Revenue and another, Respondents: LUCEY, Governor, Intervening Respondent.

Supreme Court of Wisconsin.

Decided February 3, 1976.

Attorney(s) appearing for the Case

For the petitioner there was a brief and oral argument by Robert D. Sundby, pro se, of Madison.

For the respondents: Bronson C. La Follette, attorney general, John C. Murphy, assistant attorney general, and David J. Hase, deputy attorney general, all of Madison, and oral argument by John C. Murphy, assistant attorney general.

For the intervening respondent there was a brief by Irvin B. Charne, Howard B. Tolkan, Arthur J. Harrington, and Charne, Glassner, Tehan, Clancy & Taitelman, S. C., all of Milwaukee, and oral argument by Irvin B. Charne.

WILKIE, C. J.

We reach the merits. This is an original action for declaratory judgment on whether the governor, in violation of art. IV, sec. 1, Wisconsin Constitution, exceeded the authority granted to him by art. V, sec. 10, when he vetoed certain provisions of an appropriations bill, ch. 39, Laws of 1975, amended, repealed, repealed and recreated in part by ch. 80, Laws of 1975.

We conclude that the governor acted...

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