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STATE EX REL. WIS. LUTH. H. S. CONFERENCE v. SINAR

267 Wis. 91 (1954)

STATE EX REL. WISCONSIN LUTHERAN HIGH SCHOOL CONFERENCE, Respondent, vs. SINAR, Building Inspector, and another, Appellants.

Supreme Court of Wisconsin.

June 8, 1954.

Attorney(s) appearing for the Case

For the appellant Sid H. Sinar there were briefs and oral argument by Herbert L. Mount of Milwaukee.

For the appellant E. L. Vanderjagt there was a brief by Bender, Trump, McIntyre, Trimborn & Godfrey, attorneys, and Walter H. Bender of counsel, all of Milwaukee, and oral argument by Walter H. Bender.

For the respondent there was a brief by von Briesen & von Briesen and C. R. Dineen, and oral argument by Mr. Dineen and Mr. Richard J. McGinn, all of Milwaukee.

BROWN, J.

Ch. 62, Stats., is the General Charter Law for the government of cities below the first class. The city of Wauwatosa is a city of the third class and is subject to ch. 62. Sec. 62.23 (7), pars. (a), (b), and (c), Stats., grants to cities the power to zone their areas, as follows:

"(a) Grant of power. For the purpose of promoting health, safety, morals, or the general welfare of the community, the council may by ordinance regulate and restrict...

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