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STATE EX REL. CORTEZ v. BD. OF F. & P. COMM.

No. 225.

49 Wis.2d 130 (1970)

181 N.W.2d 378

STATE EX REL. CORTEZ, Appellant, v. BOARD OF FIRE & POLICE COMMISSIONERS OF THE CITY OF MILWAUKEE, Respondent.

Supreme Court of Wisconsin.

Decided December 1, 1970.

Attorney(s) appearing for the Case

The cause was submitted for the appellant on the brief of Gerald P. Boyle of Milwaukee, and for the respondent on the brief of John J. Fleming, Milwaukee city attorney, and Thomas E. Hayes and Rudolph T. Randa, assistant city attorneys.

A brief amicus curiae was filed by James A. Walrath of Milwaukee for Avelardo Valdez and the Wisconsin Civil Liberties Union.

HANLEY, J.

The following issues are presented on this appeal:

(1) Is the ordinance a valid exercise of the legislative power of the Milwaukee Common Council, pursuant to sec. 62.03 (2), Stats.;

(2) Is the ordinance valid because of the home-rule power, pursuant to art. XI, sec. 3 of the Wisconsin Constitution, and sec. 66.01, Stats., as read in conjunction with sec. 62.11 (5); and

(3) Is there anything...

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