Legal Opinion

Black v. City of Milwaukee

Court of Appeals of Wisconsin

Decided July 21, 2015No. 2014AP400PublishedCited by 3 opinions

1Opinion of the Court

CURLEY, RJ.

¶ 1. Wisconsin's "home rule" amendment, Wis. Const. art. XI, § 3.(1), provides, as relevant here, that "[c]ities and villages organized pursuant to state law may determine their local affairs and government, subject only to this constitution and to such enactments of the legislature of statewide concern as with uniformity shall affect every city or every village." This means, broadly speaking, that where a city has created law under its "home rule" authority, any state law in conflict must yield to the local law unless it involves a matter of "statewide concern" and affects every…

2Cases cited20 opinions

  1. State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
  2. McCarthy v. Philadelphia Civil Service CommissionSupreme Court of the United States · 1976
  3. Hartung v. HartungWisconsin Supreme Court · 1981
  4. Detroit Police Officers Ass'n v. City of DetroitMichigan Supreme Court · 1972
  5. Van Gilder v. City of MadisonWisconsin Supreme Court · 1936

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3Cited by3 opinions

  1. Milwaukee Police Association v. City of MilwaukeeWisconsin Supreme Court · 2016
  2. Milwaukee Police Association v. City of MilwaukeeWisconsin Supreme Court · 2016
  3. Milwaukee Police Association v. City of MilwaukeeWisconsin Supreme Court · 2016

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