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LOCAL UNION NO. 487 v. EAU CLAIRE

No. 86-1637.

141 Wis.2d 437 (1987)

415 N.W.2d 543

LOCAL UNION NO. 487, IAFF AFL-CIO, Local Union No. 29, Professional Police Association, Police Command Group; Local Union No. 9, Eau Claire Professional Police Association, (Patrol Group), David Patrow, Brad A. Gough, and David Malone, Plaintiffs-Respondents, v. CITY OF EAU CLAIRE, Eric Anderson, James McFarlane and John Brown, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided September 8, 1987.

Attorney(s) appearing for the Case

For the defendants-appellants there were briefs by Frederick W. Fischer, City Attorney of Eau Claire.

For the plaintiffs-respondents there was a brief by Richard V. Graylow of Lawton & Cates, S.C., of Madison.

For the League of Wisconsin Municipalities there was an amicus curiae brief by James H. Schneider, of Madison.

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

MYSE, J.

The City of Eau Claire appeals a judgment and order permanently enjoining the city from implementing a public safety officer program. The issue is whether under the Wisconsin Constitution and sec. 62.11(5), Stats., the City of Eau Claire possesses sufficient home rule authority to establish its public safety officer program. Because we conclude that the City of Eau Claire does not have the authority to create such a program, we affirm.

The City of...

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