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CITY OF MILWAUKEE v. BLONDIS

No. 89-1702.

157 Wis.2d 730 (1990)

460 N.W.2d 815

CITY OF MILWAUKEE, Plaintiff-Appellant, v. Robert H. BLONDIS, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided August 21, 1990.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Grant F. Langley, city attorney, by Susan E. Lappen, assistant city attorney, of Milwaukee.

For the defendant-respondent the cause was submitted on the briefs of Jeffery R. Myer, of Milwaukee.

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

MOSER, P.J.

The City of Milwaukee (City) appeals from a summary judgment in favor of Robert H. Blondis (Blondis) declaring the statute, sec. 346.55(2), and the City's ordinance adopting that statute, No. 101-3, unconstitutional. Because the City has failed to meet its burden of showing that the ordinance/statute directly advances its substantial interest in traffic safety, and by further failing to show that the ordinance/statute is not more extensive than necessary...

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