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STATE EX REL. BECKER v. COMMON COUNCIL

No. 80-1797.

101 Wis.2d 680 (1981)

305 N.W.2d 178

STATE EX REL. Dismas BECKER, Paul DeMarco, Douglas Drake, Virginia Link, Michael McGee, Anthony San Felipo, Nicholas Topping, and The Coalition to Oust Breier, Plaintiffs-Appellants, v. The COMMON COUNCIL OF the CITY OF MILWAUKEE, The City of Milwaukee, and Allen R. Calhoun, Jr., in his official capacity as City Clerk of the City of Milwaukee, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 19, 1981.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the brief of Walter F. Kelly, of Milwaukee, cooperating attorney, Wisconsin Civil Liberties Union Foundation.

For the defendants-respondents the cause was submitted on the brief of James B. Brennan, city attorney, and Richard F. Maruszewski, principal assistant city attorney.

Before Decker, C.J., Moser, P.J., and Cannon, J.

MOSER, P.J.

The sole issue in this appeal is whether a "no-confidence" resolution seeking the removal from office of Milwaukee Police Chief, Harold Breier, constitutes "direct legislation" under sec. 9.20, Stats., requiring the Common Council of the City of Milwaukee (Common Council) to pass the resolution within thirty days of certification or submit it to the electorate in the next general election. We determine that because the resolution is not legislative in...

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