CITY OF BELOIT v. KALLAS

No. 75-474.

76 Wis.2d 61 (1977)

250 N.W.2d 342

CITY OF BELOIT, Petitioner-Respondent, v. KALLAS, and others, Intervenors-Appellants: DEPARTMENT OF NATURAL RESOURCES, Respondent.

Supreme Court of Wisconsin.

Decided February 15, 1977.


Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by Melvin L. Goldberg of Madison.

For the respondent there was a brief by Daniel T. Kelley and Hansen, Eggers, Berres & Kelley, S. C. and oral argument by Daniel T. Kelley, all of Beloit. A brief amicus curiae was filed by Jean G. Setterholm, legal counsel, and Paul J. Swain, assistant legal counsel, of Madison, for League of Wisconsin Municipalities.


ROBERT W. HANSEN, J.

The challenge here is to the constitutionality of sec. 144.07 (1m), Stats., which provides:

"(1m) An order by the department for the connection of unincorporated territory to a city or village system or plant [NOTE: Reference is to a sewerage system or sewage or refuse disposal plant.] under this section shall not become effective for 30 days following issuance. Within 30 days following issuance of the order, the governing body...

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