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STATE EX REL. SCHROEDEL v. PAGELS

257 Wis. 376 (1950)

STATE EX REL. SCHROEDEL, Respondent, vs. PAGELS, Building Inspector, Appellant.

Supreme Court of Wisconsin.

June 30, 1950.

Attorney(s) appearing for the Case

Bernard F. Mathiowetz of Milwaukee, for the appellant.

For the respondent there was a brief by Wolfe, O'Leary & Kenney and Whyte, Hirschboeck & Minahan, all of Milwaukee, and oral argument by H. O. Wolfe and Roger C. Minahan.

HUGHES, J.

Three questions are raised upon this appeal:

1. Did the trial court err in overruling appellant's demurrer ore tenus?

2. Did the trial court err in adjudging that relator's plans are in compliance with sec. 9.12 (5) of the village code?

3. Did the trial court err in adjudging that the relator had a vested right as against the rezoning ordinance?

Upon the hearing of the return to the writ the appellant entered a demurrer...

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