Scanlon v. City of Menasha

Three issues are raised on this appeal, but in view of the disposition we make of the first question, it is unnecessary to consider the other two. The basic question is whether the resolutions passed by the common council of the city of Menasha and the agreements executed by the parties were illegal and void because of the failure of the common council to first refer the transaction to the city plan commission under sec. 62.23 (5), Stats. We have come to the conclusion that the resolutions and agreements are void.

The trial court held the provisions of sec. 62.23 (5), Stats., 1 were…