State Ex Rel. Althouse v. City of Madison

This case poses the question of whether a city council can be compelled by mandamus to place on the ballot a referendum question for the adoption of an ordinance initiated in proper form in accordance with sec. 9.20(1), Stats., but which ordinance the common council, on the advice of the city attorney, has concluded is in violation of state statutes and is unconstitutional. We conclude that mandamus is appropriate under such circumstances, and we hold that the trial court erred when it denied the petition for a writ of mandamus. Accordingly, we reverse.

On January 20, 1976, a petition signed…