C. Beck Co. v. City of Milwaukee
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee ■county: Lawrence W. Halsey, Circuit Judge. This is an appeal from an order dissolving a temporary injunction.
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Appeal from an order of tbe circuit court for Milwaukee ■county: Lawrence W. Halsey, Circuit Judge. This is an appeal from an order dissolving a temporary injunction. The action was brought to restrain the defendant city of Milwaukee from enforcing an ordinance which prohibits under penalty the removal of “stone, sand, or earth from the beach or from the water within 300 feet of high-water mark, along or near the shore of Lake Michigan between the extreme northern limit and extreme southern limit of the city.” The complaint charges that the ordinance is void and that the defendant city…
1Opinion of the Court
The following opinion was filed March 9, 1909:
Bíerwin, J.
It is contended by appellant that the defendant city had no power under the charter to pass the ordinance-in question; that it is oppressive and unreasonable, in derogation of the common law and common right, and offends-against the federal and state constitutions. The obvious purpose of the ordinance is to protect the harbor on Lake Michigan. This authority is clearly conferred by the city charter, which expressly grants to the city authority “to preserve the-harbor, to prevent any use of the same or any act in relation, thereto . . .…
2Cases cited25 opinions
- Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
- Diedrich v. Northwestern Union Railway Co.Wisconsin Supreme Court · 1877
- Black v. StateWisconsin Supreme Court · 1902
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- State v. WhitcomWisconsin Supreme Court · 1904
20 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. McFarrenWisconsin Supreme Court · 1974
- Doemel v. JantzWisconsin Supreme Court · 1923
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
- City of La Crosse v. ElbertsonWisconsin Supreme Court · 1931
- Town of Yorkville v. FonkWisconsin Supreme Court · 1958
13 more not listed; retrieve them via the Exa API.