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RIPLEY v. BROWN

No. 86-2027.

141 Wis.2d 447 (1987)

415 N.W.2d 550

Rodney W. RIPLEY, Plaintiff-Appellant, v. John L. BROWN, Washburn County Clerk, and Washburn County, a Wisconsin municipality, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided September 15, 1987.

Attorney(s) appearing for the Case

For plaintiff-appellant, there was a brief by Eugene D. Harrington, of Spooner.

For the defendants-respondents, there were briefs filed by Donald J. Hanaway, attorney general, and Alan M. Lee, assistant attorney general, and Jeffrey R. Kohler, district attorney for Washburn County, Shell Lake.

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

LaROCQUE, J.

Rodney Ripley appeals a summary judgment dismissing his action to compel Washburn County and its clerk, John L. Brown, to place the office of county surveyor on the 1984 general election ballot. Ripley contends that the statute pursuant to which the county decided to appoint a county surveyor, sec. 59.12, Stats., is unconstitutional because a county surveyor is an "elected county officer[]" under the Wisconsin Constitution. We conclude that the appointment...

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