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BENCE v. MILWAUKEE

Nos. 80-1815, 81-1574.

107 Wis.2d 469 (1982)

320 N.W.2d 199

Allen H. BENCE, William L. Brown, Edward F. Canning, William C. Crane, John Dotski, Russell H. Dunn, Milton A. Engbring, John Hodel, Ferdinand J. Meyer, Emil F. Milo, Frank Nawrocki, Joseph M. O'-Donnell, Raymond P. Raths, Lawrence Venghaus, Richard H. Wissmueller, Harold F. Zemlicka, George Muehlbauer, Stanley A. Korbar, Clarence G. Krueger, Myron R. Ratkowski, Mary Rowe, Ruth Merkwae, Vladimir V. Barak, John Balcerak, Raymond Bednarek, Erwin Drake, Chester R. Esch, Clara Evenson, Leona E. Gerstenberger, Kurt Guttowski and Lyle W. Kohn, Plaintiffs-Respondents, v. CITY OF MILWAUKEE, a municipal corporation, and Policemen's Annuity & Benefit Fund, Defendant-Appellants-Petitioners. John W. ZILAVY, Special Administrator of the Estate of John J. Zilavy; Ray S. Agne, Elmer Baral, et al., Plaintiffs-Respondents, v. CITY OF MILWAUKEE, a municipal corporation, and The Retirement Board of the Policemen's Annuity & Benefit Fund of Milwaukee, Defendants-Appellants.

Supreme Court of Wisconsin.

Submitted on briefs April 1, 1982.

Decided June 2, 1982.

Attorney(s) appearing for the Case

For the defendants-petitioners the cause was argued by Michael A. I. Whitcomb, assistant city attorney, with whom on the briefs were James B. Brennan, city attorney and Thomas E. Hayes, deputy city attorney. [Case No. 80-1815.]

For the plaintiffs-respondents there was a brief and oral argument by Robert Arthur Melin of Schroeder, Gedlen, Riester & Melin, of Milwaukee, [Case No. 80-1815.]

For the defendants-appellants the cause was submitted on the briefs of James B. Brennan, city attorney, Thomas E. Hayes, deputy city attorney, and Michael A. I. Whitcomb, assistant city attorney. [Case No. 81-1574.]

For the plaintiffs-respondents the cause was submitted on a joint brief of Thomas P. Solheim, Robert W. McLewee, and Ross & Stevens, S.C., of Madison; and Fricker, Bailey & Sayas of Milwaukee. [Case No. 81-1574.]

Reversing and remanding 103 Wis.2d 679, 309 N.W.2d 883.

(On by-pass from court of appeals.)

DAY, J.

These cases involve decisions by two trial courts and the court of appeals which held certain provisions of charter ordinances of the city of Milwaukee to be unconstitutional in violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution...

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