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MILWAUKEE v. LINDNER

No. 80-1643-OA.

98 Wis.2d 624 (1980)

297 N.W.2d 828

CITY OF MILWAUKEE, a municipal corporation; City of Madison, a municipal corporation; City of Eau Claire, a municipal corporation; Village of Black Earth, a municipal corporation; City of Cumberland, a municipal corporation; City of Marshfield, a municipal corporation; City of Monroe, a municipal corporation; City of West Bend, a municipal corporation, Petitioners, v. Kenneth E. LINDNER, Secretary of the Department of Administration, State of Wisconsin; Department of Administration, State of Wisconsin; Mark E. Musolf, Secretary of the Department of Revenue, State of Wisconsin; Department of Revenue, State of Wisconsin, Respondents.

Supreme Court of Wisconsin.

Decided October 28, 1980.

Attorney(s) appearing for the Case

For the petitioners there were joint briefs by James B. Brennan, city attorney and Thomas E. Hayes, deputy city attorney, for city of Milwaukee; Henry A. Gempeler, city attorney, and John E. Rothschild, assistant city attorney, for city of Madison; Frederick W. Fischer, for city of Eau Claire; John N. Kramer, village attorney, of Fennimore, for village of Black Earth; Daniel D'Amico, city attorney, for city of Cumberland; John H. Stauber, city attorney, for city of Marshfield; William J. Schmitz, city attorney, for city of Monroe; Thomas O'Meara, Jr., acting city attorney, for city of West Bend; and oral argument by James B. Brennan and Thomas E. Hayes, of Milwaukee.

For the respondents the cause was argued by Gerald S. Wilcox, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

Amicus curiae brief was filed by Burt P. Natkins, legal counsel, and Le Roy A. Lokken, assistant legal counsel, of Madison, for League of Wisconsin Municipalities.

Amicus curiae brief was filed by Daniel T. Kelley and Hansen Eggers, Berres & Kelley, S. C., of Beloit, for Wisconsin Alliance of Cities, Inc.

STEINMETZ, J.

This court, by order dated September 10, 1980, granted the petitioners' petition for leave to commence an original action for a declaratory judgment with regard to the authority of the secretary of the Department of Administration under sec. 16.50(2), Stats., to reduce shared revenue payments to municipalities. The facts in the case are not in dispute, the parties having filed an "Agreed Statement of Facts" with the court.

The agreed facts will...

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