Legal Opinion

Johnston v. City of Sheboygan

Wisconsin Supreme Court

Decided March 1, 1966PublishedCited by 16 opinions

1Opinion of the CourtGordon, J.

The appellants urge that sec. 13.14 (1) of the Sheboygan Municipal Code is invalid because it collides with an enactment of the legislature on the same subject, because it is discriminatory in its application, because it is designed to produce revenue, and because it exceeds the basic authority of a city. We will consider each of these challenges to the enactment.

The appellants point to secs. 97.10 and 97.12, Stats., and urge that the ordinance of the city of Sheboygan purports to regulate the same subject which has been fully covered (and thereby pre-empted) by secs. 97.10 and 97.12. In…

2Cases cited13 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Muench v. Public Service CommissionWisconsin Supreme Court · 1952
  3. Van Gilder v. City of MadisonWisconsin Supreme Court · 1936
  4. Fox v. City of RacineWisconsin Supreme Court · 1937
  5. City of Plymouth v. ElsnerWisconsin Supreme Court · 1965

8 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State Ex Rel. Hammermill Paper Co. v. La PlanteWisconsin Supreme Court · 1973
  2. Wisconsin Ass'n of Food Dealers v. City of MadisonWisconsin Supreme Court · 1980
  3. Wisconsin Carry, Inc. v. City of MadisonWisconsin Supreme Court · 2017
  4. Milwaukee County v. CaldwellWisconsin Supreme Court · 1966
  5. Bleck v. Monona VillageWisconsin Supreme Court · 1967

11 more not listed; retrieve them via the Exa API.

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