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SCHUTT v. KENOSHA

258 Wis. 83 (1950)

SCHUTT and another, Appellants, v. CITY OF KENOSHA, Respondent.

Supreme Court of Wisconsin.

December 5, 1950.

Attorney(s) appearing for the Case

For the appellants there was a brief by McGowan, Geffs, Geffs & Block of Janesville, and oral argument by Jacob Geffs.

For the respondent there was a brief by Robert V. Baker, city attorney, and Cavanagh, Mittelstaed, Sheldon & Heide of Kenosha of counsel, and oral argument by Mr. Baker and Mr. William A. Sheldon.

FAIRCHILD, J.

The decision from which plaintiffs appeal holds that an applicant for permission to operate under an ordinance such as this cannot accept the permit and simply "by reason of the language in the application for the permit in question" reserve at the same time the right to contest the constitutionality of the ordinance under which the permit is issued.

The learned trial judge was of the opinion that a party...

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