Legal Opinion · Dissent

City of Brookfield v. Milwaukee Metropolitan Sewerage District

Wisconsin Supreme Court

Decided June 29, 1988No. 86-2318Published

1DissentShirley S. Abrahamson, J.

I dissent for three reasons. First, the majority’s choice of the appropriate test for determining whether the statutes in this case contravene Wis. Const, art. IV, sec. 18, conflicts with established law. Second, the majority’s adoption of a rational basis test for determining the constitutionality of statutory provisions under art. IV, sec. 18, appears to transform sec. 18 from a provision governing the form of a bill into a provision governing the substance of a bill. The majority opinion adoption of a complex set of rules will foster litigation. Third, even if I were to apply the rational…

2Cases cited15 opinions

  1. Kallas Millwork Corp. v. Square D Co.Wisconsin Supreme Court · 1975
  2. State ex rel. Risch v. Board of Trustees of the Policemen's Pension FundWisconsin Supreme Court · 1904
  3. Johnson v. City of MilwaukeeWisconsin Supreme Court · 1894
  4. Milwaukee Brewers Baseball Club v. Wisconsin Department of Health & Social ServicesWisconsin Supreme Court · 1986
  5. Adams v. City of BeloitWisconsin Supreme Court · 1900

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