Wellnitz v. Board of Police & Fire Commissioners

This is an appeal from a judgment of permanent injunction. The injunction restrains the Board of Police and Fire Commissioners of the City of Wauwatosa and its secretary, R.G. Keller, from declaring that Roy E. Wellnitz vacated his office as Wauwatosa chief of police, and prevents the Board from enforcing against Wellnitz its rule requiring that the chief of police live in Wauwatosa.

The facts that underlie this appeal are not disputed. At the time Wellnitz was appointed Wauwatosa chief of police in 1975, he lived in Wauwatosa. In May of 1977, the Board adopted Rule 7.02 of the Rules and…