HARBICK v. MARINETTE COUNTY

No. 86-1712.

138 Wis.2d 172 (1987)

405 N.W.2d 724

Robert M. HARBICK, Plaintiff-Appellant, v. MARINETTE COUNTY and Theodore J. Sauve, Harold Kinziger, Wilbur Leslie, Raymond Mattison, Everett Krull, Ralph J. Orlando, Donald A. Witt, Fred Forst, Lawrence A. Theisen, Robert H. Murrock, Claryce M. Maedke, Adolph Staidl, Kenneth H. Nischke, Gene F. Guay, John H. Harper, Edward Kowalski, Darrell W. Dumke, William R. Setunsky, William G. Walker, Ronald Baumgarten, Carole A. Faucett, Walter J. Stepniak, Edward F. Poquette, James Tebo, Robert Dulak, David Setunsky, William Gill, Don Clewley, William Allen and Kenneth Powell, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 17, 1987.


Attorney(s) appearing for the Case

For the plaintiff-appellant there was a brief submitted by Marie A. Stanton of Grzeca & Stanton, S.C., of Green Bay.

For the defendants-respondents there was a brief submitted by James E. Murphy, Corporation Counsel, of Marinette.

There was an amicus curiae brief submitted by James M. Peterman of Madison.

Before Cane, P.J., LaRocque and Myse, JJ.


MYSE, J.

Robert Harbick, Marinette County Clerk, appeals a judgment declaring that the Marinette County Board had lawfully transferred certain account keeping duties from the county clerk to the county auditor. Harbick argues that pursuant to sec. 59.17(8), Stats., the county clerk is empowered to keep all of the county's account and books of account. We disagree and affirm the judgment.

In 1965, Marinette County enacted Resolution No. 32, and, pursuant to...

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