| Venue: | WI SC |
| Facts: | There was a petition for direct legislation (i.e., referendum) about an ordinance to require the village to hold a binding referendum propr to the start of construction of any new building project costing $1M or more. |
| Posture: | Mandamus denied by circuit court because the ordinance wasn't a proper subject for direct legislation. |
| Issue: | Should the board have acted on the ordinance? |
| Holding: | Yes. |
| Rule: | Wis. Stats. § 9.20 specifies the conditions for direct
legislation:
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| Reasoning: | This is consistent with all those criteria. Direct legislation is a powerful check on government authority, but it also raises the risk of oppression by the majority. |
| Dicta: | Great quote from the federalist about framing a government that will
be administered by people.
Crooks (dissenting): The legislature delegated some powers to the village board, and this interferes with them. All lawmaking authority is vested in the legislature. This just replaces the village board with the village electors as the decision maker. |