ORTIN v. SCHUETT

No. 89-2382.

157 Wis.2d 415 (1990)

459 N.W.2d 596

David ORTIN, an individual and Treasurer of the Town of Erin, Washington County, Wisconsin, Plaintiff-Respondent, v. Barbara SCHUETT, an individual, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 18, 1990.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of James W. Hammes of Cramer, Multhauf & Hammes of Waukesha.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Phillip J. Eckert of O'Meara, Eckert, Pouros & Gonring of West Bend.

Before Nettesheim, P.J., Brown and Scott, JJ.


BROWN, J.

The issue is whether an elected public official can conditionally resign or whether a written resignation, delivered to the appropriate body, must be declared unconditional as a matter of law and public policy. We hold that neither law nor public policy prohibits public officials from resigning conditioned upon certain events occurring. We reverse the circuit court's holding to the contrary.

Barbara Schuett was elected and then reelected treasurer...

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