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BROOKFIELD v. MILW. SEWERAGE

No. 86-2318.

144 Wis.2d 896 (1988)

426 N.W.2d 591

CITY OF BROOKFIELD, Village of Butler, Village of Menomonee Falls, City of Mequon, City of New Berlin, Village of Elm Grove, City of Muskego, Village of Germantown, Village of Thiensville, Richard E. Ensslin, Donald Wenzel and Raymond Gray, Plaintiffs-Respondents, v. MILWAUKEE METROPOLITAN SEWERAGE DISTRICT, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided June 29, 1988.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs (in court of appeals) by Michael J. McCabe, James H. Petersen, Harold B. Jackson, Jr., and Milwaukee Metropolitan Sewerage District, Milwaukee, and James P. Brody, Michael A. Bowen and Foley & Lardner, of counsel, Milwaukee, and oral argument by James P. Brody.

There was oral argument by Maryann Sumi, assistant attorney general, with whom on the briefs (in court of appeals) was Donald J. Hanaway, attorney general.

For the plaintiffs-respondents there was a brief (in court of appeals) by Truman Q. McNulty, Thomas E. Griggs, Daniel M. Leep, and Mulcahy & Wherry, S.C.; Schober & Radtke, S.C., New Berlin; George A. Schumus, West Allis; Harold H. Fuhrman, Milwaukee, and oral argument by Truman Q. McNulty, Thomas E. Griggs.

WILLIAM A. BABLITCH, J.

Milwaukee Metropolitan Sewerage District (MMSD) appeals a decision of the Waukesha county circuit court which declared the challenged provisions of 1983 Wis. Act 27 and 1985 Wis. Act 29 unconstitutional as private or local laws impermissibly included in the state budget bill. These provisions, general on their face, concern the method by which sewerage districts containing cities of the first-class must charge their outlying municipalities...

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