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CALEDONIA v. RACINE LIMESTONE CO.

266 Wis. 475 (1954)

TOWN OF CALEDONIA, Respondent, vs. RACINE LIMESTONE COMPANY, INC., Appellant.

Supreme Court of Wisconsin.

April 6, 1954.

Attorney(s) appearing for the Case

For the appellant there were briefs by Flynn & Greenquist of Racine, and oral argument by Kenneth L. Greenquist.

For the respondent there was a brief by Brach & Edwards of Racine, and oral argument by Oscar M. Edwards.

A brief was filed by Willink & Thompson of Madison, for the Wisconsin Farm Bureau Federation Co-operative as amicus curiae.

BROADFOOT, J.

Upon this appeal the town contends that the ordinance is a valid regulatory measure enacted by the town board under its police powers. The defendant, on the other hand, contends that it is an attempt by the town to amend the county zoning ordinance; that it is a prohibitory measure; that it is void for lack of certainty as to what acts are prohibited; that it is inapplicable to an existing quarry; and that it is invalid in that it creates an unlawful...

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