Village of Brown Deer v. City of Milwaukee
Wisconsin Supreme Court
114 N.W.2d 493 (1962)
- Written by Douglas Halasz, JD
Facts
Charles Evert was the president, the majority shareholder, and one of 11 members of the board of directors of the Evert Container Corporation (ECC). Evert signed an annexation petition on ECC’s behalf, and the petition included ECC’s assessed valuation. Although Evert had discussed potentially signing the petition with most of the members of ECC’s board of directors, Evert neither obtained formal authorization from the board nor obtained the unanimous written consent of the other board members and shareholders before signing the petition. Thereafter, the City of Milwaukee (Milwaukee) (defendant) challenged Evert’s authority to sign the annexation petition on ECC’s behalf. The Village of Brown Deer (plaintiff) raised a threshold question of whether Milwaukee had standing to challenge the same. During the proceedings, evidence suggested that Evert had frequently resolved ECC’s problems as the sole owner, that the board of directors did not meet often, and that ECC subsequently ratified his action of signing the petition.
Rule of Law
Issue
Holding and Reasoning (Gordon, J.)
Dissent (Currie, J.)
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