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STATE EX REL. ALTHOUSE v. MADISON

No. 76-158.

79 Wis.2d 97 (1977)

255 N.W.2d 449

STATE EX REL. ALTHOUSE, and another, Appellants, v. CITY OF MADISON, and others, Respondents.

Supreme Court of Wisconsin.

Decided July 1, 1977.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Mark A. Frankel and Frankel, Langhammer & Pines, attorneys, and Arlen Christenson, David E. Lasker and Michael Christopher, of counsel, all of Madison.

For the respondents the cause was submitted on the brief of Henry A. Gempeler, city attorney, and Larry W. O'Brien, deputy city attorney.

Brief amicus curiae was filed by James F. Spohn and Michael, Best & Friedrick of Madison; and Theodore C. Widder, III and MacDonald & Widder of Madison, of counsel, on behalf of the Madison Housing Council, Inc.

Brief amicus curiae was filed by William H. Lynch of Milwaukee on behalf of Wisconsin Civil Liberties Union Foundation, Inc.

HEFFERNAN, J.

This case poses the question of whether a city council can be compelled by mandamus to place on the ballot a referendum question for the adoption of an ordinance initiated in proper form in accordance with sec. 9.20 (1), Stats., but which ordinance the common council, on the advice of the city attorney, has concluded is in violation of state statutes and is unconstitutional. We conclude that mandamus is appropriate under such circumstances, and we hold...

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