State ex rel. Ervin v. County Board of Supervisors
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Vilas county: Chestee A. Eowlee, Judge. Certiorari to set aside an ordinance passed by tbe County Board of Supervisors of Vilas County May 13, 1914, creating tbe town of Lincoln in Yilas county and determining tbe proportion of tbe indebtedness of tbe town of Eagle River chargeable thereto.
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Appeal from a judgment of tbe circuit court for Vilas county: Chestee A. Eowlee, Judge. Certiorari to set aside an ordinance passed by tbe County Board of Supervisors of Vilas County May 13, 1914, creating tbe town of Lincoln in Yilas county and determining tbe proportion of tbe indebtedness of tbe town of Eagle River chargeable thereto. Tbe petition challenges tbe validity of tbe ordinance because (1) tbe board did not consider tbe credits to which tbe new town was entitled by reason of buildings and other property retained by the town of Eagle River; (2) tbe county board bad no power to…
1Opinion of the CourtWiNslow, C. J.
By sub. (1), sec. 670, Stats. 1913, the county board of any county is authorized to set off, organize, ' vacate, and change the boundaries of the towns in the county. *580It bas been- held by tbis court tbat tbis subdivision does not authorize tbe division of a town and tbe creation of a new town, but merely tbe change of boundaries of existing towns. State ex rel. Rosander v. Lippels, 133 Wis. 211, 113 N. W. 437.
By sec. 671 tbe county board is given power to divide a town provided tbat such division shall have been approved by vote of tbe electors at tbe next preceding annual town meeting…
2Cases cited5 opinions
- Appeal of Black Hawk Land Co.Wisconsin Supreme Court · 1909
- Cathcart v. ComstockWisconsin Supreme Court · 1883
- State ex rel. Graef v. Forest CountyWisconsin Supreme Court · 1889
- Johannes v. YoungsWisconsin Supreme Court · 1877
- State ex rel. Rosander v. LippelsWisconsin Supreme Court · 1907
3Cited by6 opinions
- City of Brookfield v. Milwaukee Metropolitan Sewerage DistrictWisconsin Supreme Court · 1992
- State ex rel. City of Shawano v. EngelWisconsin Supreme Court · 1920
- State ex rel. Joint School District No. 1 v. NybergWisconsin Supreme Court · 1924
- State ex rel. Williams v. KaempferWisconsin Supreme Court · 1922
- City of Madison v. Fuller & Johnson Manufacturing Co.Wisconsin Supreme Court · 1922
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