Heimerl Et Al. v. Ozaukee County Et Al‪.‬

This is an appeal from a judgment, entered March 23, 1949, declaring sec. 86.106, Stats., unconstitutional and a resolution adopted by the county board of Ozaukee county on February 18, 1949, to be therefor invalid. This action for declaratory judgment, brought pursuant to sec. 269.56, Stats., was commenced on December 6, 1947, by service of a summons and complaint asking for judgment declaring sec. 86.106, Stats., created by ch. 457, Laws of 1947, void by reason of its unconstitutionality and for an injunction to restrain the defendants from doing private roadwork. In the answer of the defendants it appeared that sec. 86.106 was not in controversy since its requirements had not been followed by the defendants in that the defendant, Ozaukee county, had not adopted a proper resolution authorizing such work. Subsequently, a resolution was adopted by Ozaukee county, authorizing the performance of private roadwork for towns, cities, and villages in Ozaukee county. Thereafter, an amended complaint was served alleging the compliance with the statute in question, praying for the same relief and for damages.