State ex rel. Jensen v. Yankee
State ex rel. Jensen v. Yankee
Opinion of the Court
This is an appeal from a final judgment in •an action of certiorari setting aside an ordinance passed by the county board of Ashland county vacating the town of Ashland, in said county. It appeared by the return that the ordinance of vacation had been passed without complying with any of the provisions of ch. 258, Laws of 1899, otherwise known as sec. 671®, Stats. 1898. On this ground the 'Ordinance was held void, and the only question presented by ■the record is whether the section named was applicable and •controlling. The appellant’s contention is that the provisions ■of this section are only applicable when the county board de-sires to set off and establish a new town with a population of less than 125 inhabitants, and that in all other cases the •county board, under the general provisions of sec. 670, Stats. 1898, may vacate a town without complying with the special provisions of said sec. 67la. We cannot agree with this contention. There is nothing in the terms of ch. 253 aforesaid which indicates such an intention. That chapter provides generally the proceedings to be followed for the vacation of
By the Court. — Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.