STATE EX REL. NORTH v. GOETZ

No. 83-747.

116 Wis.2d 239 (1983)

342 N.W.2d 747

STATE EX REL. Ralph M. NORTH, Petitioner-Appellant, v. Ruth J. GOETZ, Respondent.

Court of Appeals of Wisconsin.

Decided November 2, 1983.


Attorney(s) appearing for the Case

For the petitioner-appellant there was a memorandum brief and oral argument by Cramer, Multhauf & Curran, attorneys, and James W. Hammes, of counsel, of Waukesha.

For the respondent there was a memorandum brief and oral argument by Gerald T. Janis, assistant city attorney.

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


SCOTT, C.J.

The Waukesha city clerk received a petition, with an attached proposed ordinance, from a member of the public demanding that it be forwarded to the city council for consideration, pursuant to sec. 9.20, Stats. The clerk refused to forward it because she believed the proposal was administrative, not legislative, and, therefore, did not fall under the statute. The petition's circulator, Ralph M. North, appeals from a trial court denial of his writ of mandamus...

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