State ex rel. Ekern v. Dammann

The first question involved is whether the petition discloses a justiciable controversy. It is the rule, too well established to warrant extended discussion, that this court will not entertain an action for declaratory relief in the absence of a genuine controversy. Heller v. Shapiro, 208 *398Wis. 310, 242 N. W. 174; Village of Sun Prairie v. Wisconsin Power & Light Co. 213 Wis. 277, 251 N. W. 605; Petition of Breidenbach, 214 Wis. 54, 252 N. W. 366. The question in this case is whether the action for declaratory relief is not premature. Since the secretary of state has been asked to perform no…