Heider v. City of Wauwatosa

Three issues are presented:(1) Does the proposed initiative resolution attempt to enact measures which are administrative, therefore not proper subjects of “direct legislation” under sec. 10.43, Stats. ?(2) Would the proposed initiative resolution effect a repeal of existing legislation in a substantial degree?(3) Must a court issue a writ of mandamus to compel the common council to submit an initiative resolution to the electorate regardless of the validity of the resolution?

The petitions were filed pursuant to sec. 10.43, Stats., 1 entitled “Direct Legislation.” Under this statute a…