Bence v. City of Milwaukee

The appeal is from an order overruling a demurrer to the plaintiffs’ complaint for declaratory judgment.

The plaintiffs, who are a class of retired police officers and employees of the Milwaukee Police Department, alleged that Charter Ordinance 410, adopted by the Milwaukee Common Council in 1974, was unconstitutional, because it deprived the plaintiffs of their constitutional rights of equal protection and due process in respect to their pensions. They sought a declaration of unconstitutionally pursuant to sec. 269.56, Stats, (now renumbered as sec. 806.04(2)). 1

The Policemen’s Annuity and…