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BENCE v. MILWAUKEE

No. 76-027.

84 Wis.2d 224 (1978)

267 N.W.2d 25

BENCE, and others, Plaintiffs-Respondents, v. CITY OF MILWAUKEE, and another, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided June 30, 1978.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of James B. Brennan, city attorney, Richard F. Maruszewski, and William J. Lukacevich, assistant city attorneys.

For the respondents the cause was submitted on the brief of Ewald L. Moerke, Jr., and Schroeder, Gedlen, Riester & Moerke of Milwaukee.

HEFFERNAN, J.

The appeal is from an order overruling a demurrer to the plaintiffs' complaint for declaratory judgment.

The plaintiffs, who are a class of retired police officers and employees of the Milwaukee Police Department, alleged that Charter Ordinance 410, adopted by the Milwaukee Common Council in 1974, was unconstitutional, because it deprived the plaintiffs of their constitutional rights of equal protection and due process in respect to their pensions...

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