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Schutt Et Al. v. City Kenosha

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eBook details

  • Title: Schutt Et Al. v. City Kenosha
  • Author : Supreme Court of Wisconsin
  • Release Date : January 05, 1950
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

Action commenced by Ray C. Schutt and Dean Milk Company, a corporation, against the City of Kenosha August 29, 1949. There
was an order to show cause and the issuance of a temporary restraining order, based upon the pleadings and affidavits. Among other things, the plaintiffs' complaint alleged that the following section of the Kenosha Milk Ordinance is unconstitutional:
'b. Inspection Fee: Plant, processing milk and any of whose products shall be delivered in Kenosha, shall pay 1/2 of 1â€Âº per
hundred pounds of all milk processed in such plant. This fee shall be computed and paid on or before the 5th day of each month
for the previous month.' The record shows the following: On August 1, 1949, the city of Kenosha issued a milk dealer's license
to Dean Milk Company. On August 31, 1949, plaintiffs appeared at the city hall in response to a letter from the Kenosha Health
Department stating that it had been found that milk which had not been inspected by that department had been received at the
Dean Milk Company's pasteurization plant, that the Health Department considered this a violation of the ordinance, and that
plaintiff would be given a hearing as to why its permit should not be revoked. As a result of an informal Discussion held
at the hearing, the following stipulation was drawn up:


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