State Ex Rel. City of Madison v. Village of Monona

While other issues are raised in the briefs of counsel, we find it only necessary to consider the single issue of pre-emption.

In the pending litigation initiated by the town of Blooming Grove, in which it seeks a declaratory judgment that will adjudicate the city of Madison’s annexation ordinance of September 21, 1954, to be invalid, the town does not raise the issue of whether such ordinance is void because of jurisdictional defects. Instead, the attack made on such ordinance is that it is voidable because the petition lacked sufficient signatures of electors and property owners at the time…