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SCHMELING v. PHELPS

No. 96-2661.

212 Wis.2d 898 (1997)

569 N.W.2d 784

Jeff S. SCHMELING, Ann M. Schmeling, and Robert McGinnity, Plaintiffs-Respondents, v. Richard J. PHELPS, Dane County Executive, Dane County Board of Supervisors and Dane County, a political subdivision of the State of Wisconsin, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided August 14, 1997.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Kristi A. Gullen, assistant corporation counsel for Dane County, with whom on the briefs was Cal W. Kornstedt, corporation counsel.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Bruce K. Kaufmann of Boushea, Segall & Joanis of Monona.

Before Dykman, P.J., Vergeront and Deininger, JJ.

DEININGER, J.

Dane County Executive, Richard Phelps,1 appeals a judgment declaring invalid his veto of a petition to rezone a parcel of real estate owned by Robert McGinnity after the petition had been approved by the Dane County Board of Supervisors. Phelps claims that the trial court erred in granting judgment to McGinnity and not to him because: (1) his veto is a discretionary act for which...

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