Jordan v. Village of Menomonee Falls

The issue on this appeal is the constitutionality of the ordinance pursuant to which the $5,000 *617equalization fee was paid. Defendant asserts that the ordinance is a valid exercise of its police power in controlling subdivision development to assure its burgeoning population adequate parks and schools. Plaintiffs contend that sec. 8.03 of the ordinance levies a tax which is not authorized by the legislature and unconstitutional.

In 1955 the legislature made extensive revisions in ch. 236, Stats., governing the subdividing and platting of land.1 Sec. 236.45 was revised so as to permit those…