SMITH v. BROOKFIELD


272 Wis. 1 (1956)

SMITH, Administrator, and others, Respondents, vs. CITY OF BROOKFIELD, APPELLANT.

Supreme Court of Wisconsin.

February 7, 1956.


Attorney(s) appearing for the Case

For the appellant there were briefs by Richard W. Cutler, T. L. Tolan, Jr., and Wood, Warner, Tyrrell & Bruce, all of Milwaukee, and oral argument by Mr. Cutler.

For the respondents there was a brief by Love, Davis & McGraw of Waukesha, and oral argument by Robert T. McGraw.

A brief was filed by Lowry & Hunter of Waukesha, as amicus curiae.


MARTIN, J.

The zoning ordinance involved, originally adopted by the town of Brookfield and later adopted by the city of Brookfield when the area involved in this litigation was incorporated within the city in 1954, provides in part:

"Whereas, the town board of supervisors of the town of Brookfield deem it necessary in order to provide adequate light, pure air, and safety from fire and other dangers, to conserve the taxable value of land and buildings throughout...

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