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HENNING v. WATERFORD

No. 75-428.

78 Wis.2d 181 (1977)

253 N.W.2d 893

HENNING, Plaintiff-Respondent, v. VILLAGE OF WATERFORD, Defendant-Appellant: GRAF, Defendant.

Supreme Court of Wisconsin.

Decided June 1, 1977.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of James F. Bremer, village attorney, of Waterford; and Stewart G. Honeck, special counsel, of Milwaukee.

For the respondent the cause was submitted on the brief of Michael F. Dubis of Waterford.

HEFFERNAN, J.

The action is one for declaratory judgment to try the title to office of Robert Graf, who had been appointed a village trustee and board member of the Village Board of Waterford. Because we conclude that the action is one maintainable only as quo warranto, of which the county court has no subject matter jurisdiction, we vacate the judgment and order the dismissal of the complaint.

The plaintiff, Arthur W. Henning, was elected president...

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