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STATE EX REL. SHROBLE v. PRUSENER

No. 92-3288.

177 Wis.2d 656 (1993)

503 N.W.2d 301

STATE of Wisconsin EX REL. Gerald J. SHROBLE, Plaintiff-Appellant, v. Norman PRUSENER, City of Whitewater and County of Walworth, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 9, 1993.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Russell W. Devitt and David P. Honan of Soffa & Devitt of Whitewater.

On behalf of the defendants-respondents, Norman Prusener and Walworth County, the cause was submitted on the brief of Charles H. Bohl and Pamela M. Schmidt of Frisch Dudek, Ltd. of Milwaukee.

On behalf of the defendant-respondent, City of Whitewater, the cause was submitted on the brief of Martin W. Harrison of Allen, Harrison, Williams, McDonell & Swatek of Whitewater.

Before Nettesheim, P.J., Brown and Snyder, JJ.

BROWN, J.

Gerald J. Shroble appeals an order dismissing his quo warranto action claiming that Normal Prusener illegally holds the office of county supervisor. The trial court held that sec. 9.01, Stats., Wisconsin's recount statute, provided the sole means by which to challenge Prusener's right to hold office. Because Shroble did not ask for a recount within the statutory three-day period, the trial court found that...

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