Town of Yorkville v. Fonk

The trial court, in its memorandum decision, cited the following quotation from Wendlandt v. Industrial Comm. 256 Wis. 62, 65, 39 N. W. (2d) 854:

“There is no doubt that, as a general principle, one may not enjoy the benefits and privileges of a statute and, after so doing, escape its burdens by attacking its validity. Gagnon v. Department of Agriculture & Markets (1939), 232 Wis. 259, 286 N. W. 549. Manifestly, there is justice and reason in a rule which prevents one from accepting the advantageous terms of a statute while attempting to avoid as unconstitutional the unfavorable ones. But the…