Thomson v. City of Racine

In this action for declaratory relief under sec. 269.56, Stats., plaintiff seeks judgment declaring illegal and void an ordinance enacted on October 7, 1941; by the common council of the city of Racine. It suffices for the purpose of determining the contentions on this appeal from an order sustaining defendant’s demurrer to the complaint, on the ground that the facts alleged are insufficient to constitute a cause of action, to note the following facts. In March, 1941, prior to the enactment of the ordinance, plaintiff, as trustee for the property of the Chicago & North Western Railway…