Legal Opinion

City of Fond Du Lac v. Town of Empire

Wisconsin Supreme Court

Decided June 22, 1956PublishedCited by 11 opinions

1Opinion of the CourtBroadfoot, J.

The defendants vigorously contend that they had ample authority to enact the three ordinances. It is conceded that the town board has been granted the powers of a village board.

The powers of villages are derived solely from the state through the legislature, except where the people of the state by a constitutional home-rule provision vest the village with some degree of local sovereignty. The legislature of Wisconsin has never been hostile to granting a large measure of local self-government to villages and cities. Some attempts to do so by the legislature have been held to be unlawful…

2Cases cited5 opinions

  1. Muench v. Public Service CommissionWisconsin Supreme Court · 1952
  2. Van Gilder v. City of MadisonWisconsin Supreme Court · 1936
  3. Huber v. MerkelWisconsin Supreme Court · 1903
  4. Menne v. City of Fond Du LacWisconsin Supreme Court · 1956
  5. Voss v. LenerzWisconsin Supreme Court · 1949

3Cited by11 opinions

  1. State Ex Rel. Hammermill Paper Co. v. La PlanteWisconsin Supreme Court · 1973
  2. Madison Teachers, Inc. v. Scott WalkerWisconsin Supreme Court · 2014
  3. Wisconsin Ass'n of Food Dealers v. City of MadisonWisconsin Supreme Court · 1980
  4. Menzer v. Village of Elkhart LakeWisconsin Supreme Court · 1971
  5. Lake Beulah Management District v. Village of East TroyCourt of Appeals of Wisconsin · 2010

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