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STATE EX REL. LA FOLLETTE v. BOARD OF SUPVRS.

Nos. 81-1119, 81-1805.

109 Wis.2d 621 (1982)

327 N.W.2d 161

STATE of Wisconsin EX REL. Bronson C. LA FOLLETTE and the Metropolitan Sewerage Commission of the County of Milwaukee and Sewerage Commission of the City of Milwaukee, for and on behalf of the Metropolitan Sewerage District of the County of Milwaukee, Petitioners-Respondents, v. BOARD OF SUPERVISORS OF MILWAUKEE COUNTY: F. Thomas Ament, as County Board Chairman and Supervisor of the 16th District; Bernice K. Rose, Supervisor of the 1st District; William E. Meaux, Supervisor of the 2nd District; Penny E. Podell, Supervisor of the 3rd District; Harout O. Sanasarian, Supervisor of the 4th District; Paul F. Mathews, Supervisor of the 5th District; Robert L. Jackson, Jr., Supervisor of the 6th District; Terrance L. Pitts, Supervisor of the 7th District; Gerald D. Engel, Supervisor of the 8th District; James A. Krivitz, Supervisor of the 9th District; Paul A. Henningsen, Supervisor of the 10th District; John J. Valenti, Supervisor of the 11th District; Bernadette Skibinski, Supervisor of the 12th District; Dorothy K. Dean, Supervisor of the 13th District; Richard D. Nyklewicz, Jr., Supervisor of the 14th District; James Koconis, Supervisor of the 15th District; Daniel Cupertino, Jr., Supervisor of the 17th District; Fred N. Tabak, Supervisor of the 18th District; John D. St. John, Supervisor of the 19th District; Richard H. Bussler, Supervisor of the 20th District; James J. Lynn, Supervisor of the 21st District; Joseph M. Hutsteiner, Supervisor of the 22nd District; James R. Ryan, Supervisor of the 23rd District; Thomas R. Kujawa, Supervisor of the 24th District; and Thomas A. Bailey, Supervisor of the 25th District; and Thomas E. Zablocki, County Clerk of the County of Milwaukee, and William F. O'Donnell, County Executive of the County of Milwaukee, Appellants. STATE of Wisconsin EX REL. Bronson C. LA FOLLETTE, and The Metropolitan Sewerage Commission of the County of Milwaukee and Sewerage Commission of the City of Milwaukee, for and on behalf of the Metropolitan Sewerage District of the County of Milwaukee, Petitioners-Respondents, v. William F. O'DONNELL, County Executive of the County of Milwaukee, Appellants, BOARD OF SUPERVISORS OF MILWAUKEE COUNTY: F. Thomas Ament, as County Board Chairman and Supervisor of the 16th District; Bernice K. Rose, Supervisor of the 1st District; William E. Meaux, Supervisor of the 2nd District; Penny E. Podell, Supervisor of the 3rd District; Harout O. Sanasarian, Supervisor of the 4th District; Paul F. Mathews, Supervisor of 5th District; Robert L. Jackson, Jr., Supervisor of the 6th District; Terrance L. Pitts, Supervisor of the 7th District; Gerald D. Engel, Supervisor of the 8th District; James A. Krivitz, Supervisor of the 9th District; Paul A. Henningsen, Supervisor of the 10th District; John J. Valenti, Supervisor of the 11th District; Bernadette Skibinski, Supervisor of the 12th District; Dorothy K. Dean, Supervisor of the 13th District; Richard D. Nyklewicz, Jr., Supervisor of the 14th District; James Koconis, Supervisor of the 15th District; Daniel Cupertino, Jr., Supervisor of the 17th District; Fred N. Tabak, Supervisor of the 18th District; John D. St. John, Supervisor of the 19th District; Richard H. Bussler, Supervisor of the 20th District; James J. Lynn, Supervisor of the 21st District; Joseph M. Hutsteiner, Supervisor of the 22nd District; James R. Ryan, Supervisor of the 23rd District; Thomas R. Kujawa, Supervisor of the 24th District; and Thomas A. Bailey, Supervisor of the 25th District; Co-Appellants, Thomas E. ZABLOCKI, County Clerk of the County of Milwaukee, Trial Court Respondent.

Court of Appeals of Wisconsin.

Decided November 10, 1982.

Attorney(s) appearing for the Case

For the appellants County Board of Supervisors, et al., the cause was submitted on the briefs of Robert G. Polasek, corporation counsel, and George E. Rice, deputy corporation counsel, with oral argument by Mr. Rice. For appellant O'Donnell the cause was submitted on the briefs of Thomas W. St. John, John D. Finerty and Robert H. Friebert of Friebert & Finerty, of Milwaukee, with oral argument by Mr. St. John.

For the respondents Metropolitan Sewerage Commission, et al., the cause was submitted on the brief of Michael J. McCabe, director of legal services, and David S. Branch and James H. Peterson, senior staff attorneys, with oral argument by Mr. Branch. For the respondent State of Wisconsin the cause was submitted on the brief of Bronson C. La Follette, attorney general and Diane Nicks, assistant attorney general, with oral argument by Ms. Nicks.

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

DECKER, C.J.

County Executive William F. O'Donnell (county executive) and the Board of Supervisors of Milwaukee County (county board) appeal from a judgment and an order granting a writ of mandamus which found clear ministerial duties on the part of the county board and the county executive to, respectively, raise capital funds for the Milwaukee Metropolitan Sewerage District and to approve any board resolution to this end. We reverse and hold that the statutory obligation...

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