Legal Opinion
Scharping v. Johnson
Wisconsin Supreme Court
Decided November 1, 1966PublishedCited by 66 opinions
1Opinion of the CourtHeffernan, J.
The creation of municipal corporations is peculiarly within the province of the legislature. A unit of local government is a creature of the legislature. It owes its existence to legislative fiat and its life may be snuffed out by appropriate legislative action. It is a matter of hornbook law 1 that:
“The exercise of the legislative function of creating municipal corporations is wholly within the discretion of the legislature, and is not subject to the control of the judicial power.”
“Subject to state constitutional limitations, the power of the state legislature over municipal corporations is…
2Cases cited13 opinions
- In re Incorporation of Village of North MilwaukeeWisconsin Supreme Court · 1896
- Olson v. RothwellWisconsin Supreme Court · 1965
- Town of Ashwaubenon v. State Highway CommissionWisconsin Supreme Court · 1962
- Madison Metropolitan Sewerage District v. Committee on Water PollutionWisconsin Supreme Court · 1951
- City of Milwaukee v. Milwaukee Amusement, Inc.Wisconsin Supreme Court · 1964
8 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Wirth v. EhlyWisconsin Supreme Court · 1980
- Boynton Cab Co. v. Department of Industry, Labor & Human RelationsWisconsin Supreme Court · 1980
- Schmidt v. Department of Local Affairs & DevelopmentWisconsin Supreme Court · 1968
- Wisconsin Bankers Ass'n v. Mutual Savings & Loan Ass'nWisconsin Supreme Court · 1980
- City of Beloit v. Town of BeloitWisconsin Supreme Court · 1968
61 more not listed; retrieve them via the Exa API.