WELLNITZ v. WAUWATOSA FIRE/POLICE

No. 88-1400.

151 Wis.2d 306 (1989)

444 N.W.2d 412

Roy E. WELLNITZ, Petitioner-Respondent, v. BOARD OF POLICE & FIRE COMMISSIONERS OF the CITY OF WAUWATOSA, and R.G. Keller, Secretary, Appellants.

Court of Appeals of Wisconsin.

Decided June 8, 1989.


Attorney(s) appearing for the Case

For the petitioner-respondent the cause was submitted on the briefs of Gerald P. Boyle, S.C., with Gerald P. Boyle of counsel, of Milwaukee.

For the appellants the cause was submitted on the briefs of Roland J. Steinle, Jr. and Gregory Gramling, Jr., of Milwaukee.

Before Moser, P.J., Sullivan and Fine, JJ.


FINE, J.

This is an appeal from a judgment of permanent injunction. The injunction restrains the Board of Police and Fire Commissioners of the City of Wauwatosa and its secretary, R.G. Keller, from declaring that Roy E. Wellnitz vacated his office as Wauwatosa chief of police, and prevents the Board from enforcing against Wellnitz its rule requiring that the chief of police live in Wauwatosa.

The facts that underlie this appeal are not disputed. At the time...

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