OTRADOVEC v. CITY OF GREEN BAY

No. 83-1152.

118 Wis.2d 393 (1984)

347 N.W.2d 614

Richard P. OTRADOVEC, Plaintiff-Appellant, v. CITY OF GREEN BAY and Peter J. Naze, Brown County District Attorney, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 13, 1984.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Parins, McKay, Mohr & Beilich, S.C., and R. Paul Mohr of Green Bay.

For the respondent City of Green Bay the cause was submitted on the brief of James A. Simmonds, city attorney.

For the respondent Peter J. Naze the cause was submitted on the brief of Kenneth J. Bukowski, Brown County corporation counsel.

Before Foley, P.J., Dean and Cane, JJ.


CANE, J.

Richard P. Otradovec appeals a judgment1 determining that, by accepting the office of alderman on the City of Green Bay Common Council while serving as a residential appraiser in the Green Bay assessor's office, he violated the common law doctrine of incompatibility and sec. 946.13, Stats., and ordering him to choose between the office and position or be subject to prosecution. Otradovec contends that the doctrine and the statute...

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