Vretenar v. Hebron

The issue in the case is whether the enforcement of town ordinances is a nondiscre-tionary, ministerial duty which can be compelled by mandamus. The trial court answered "no” and appellants, Ludwig and Shirley Vretenar, appealed to the court of appeals. We accepted the court of appeals certification of the issue to this court under sec. 809.61, Stats. We hold that because the plaintiffs sought a remedy that necessarily required the exercise of discretion by town officials, as a matter of law, plaintiffs could not meet the burden of establishing that mandamus should issue. The circuit court…