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CARPENTER v. RACINE COMR. OF PUB. WORKS

No. 83-100.

115 Wis.2d 211 (1983)

339 N.W.2d 608

The CLASS OF OWNERS & LESSORS OF MULTIPLE FAMILY RESIDENTIAL BUILDINGS CONSTRUCTED IN the CITY OF RACINE DURING OR AFTER 1963 WHICH CONTAIN FIVE OR MORE DWELLING UNITS PER BUILDING WHERE GARBAGE (REFUSE & SOLID WASTE) COLLECTION & REMOVAL INVOLUNTARILY NEVER EXISTED OR HAS BEEN INVOLUNTARILY DISCONTINUED: Henry CARPENTER, Representative Member, Plaintiffs-Respondents, v. COMMISSIONER OF PUBLIC WORKS OF the CITY OF RACINE, Wisconsin, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 26, 1983.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of Racine City Attorney by Daniel P. Wright, Deputy City Attorney of Racine.

For the plaintiffs-respondents the cause was submitted on the brief of William R. Binetti of Racine.

Before Scott, C.J., Voss, P.J., and Robert W. Hansen, Reserve Judge.

SCOTT, C.J.

This is an appeal from a judgment resulting from a class action suit finding that the Commissioner of Public Works for the City of Racine discriminated against various owners and lessors of multiple family residential buildings in the collection of solid waste. The issues on appeal in this case are many. As to the class certification, however, compliance with the notice of claim requirement of sec. 893.80, Stats., is dispositive. Because only Henry Carpenter...

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