Bonnett v. Vallier
Wisconsin Supreme Court
Appeal from an order of tíre circuit court for Milwaukee county: Laweestce W. Halsey, Circuit Judge. Action by a property owner specially affected by ek. 269, Laws of 1907, against public officers required by tbe terms ■of sucb ckapter to enforce its provisions, to restrain them from doing so by interfering with tke plaintiff in tke construction of a building upon a lot owned by kim in tke city of Milwaukee.
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Appeal from an order of tíre circuit court for Milwaukee county: Laweestce W. Halsey, Circuit Judge. Action by a property owner specially affected by ek. 269, Laws of 1907, against public officers required by tbe terms ■of sucb ckapter to enforce its provisions, to restrain them from doing so by interfering with tke plaintiff in tke construction of a building upon a lot owned by kim in tke city of Milwaukee. The complaint sets forth facts sufficient to entitle plaintiff to the relief prayed for if the law referred to is unconstitutional. Among others these things are substantially stated r…
1Opinion of the CourtMarshall, J.
The complaint shows that respondent would he specially injuriously affected by enforcement of ch. 269, Laws of 1907. Therefore we will regard as the sole matter submitted for consideration that of whether such law is unconstitutional.
That it is competent under the police power by legislative enactments to regulate the construction and maintenance of tenement and lodging houses to some extent, and that legislative activity in that field within all proper limits is commendable, are not open to serious controversy. In some situations such regulations are imperative in the interest of public…
2Cases cited15 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Marbury v. MadisonSupreme Court of the United States · 1803
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Schollenberger v. PennsylvaniaSupreme Court of the United States · 1898
- Health Department v. Rector of Trinity ChurchNew York Court of Appeals · 1895
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3Cited by70 opinions
- State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- State ex rel. Carter v. HarperWisconsin Supreme Court · 1923
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- Gottlieb v. City of MilwaukeeWisconsin Supreme Court · 1967
- State ex rel. Attorney General v. DonaldWisconsin Supreme Court · 1915
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