LAKESHORE DEVELOPMENT CORP. v. PLAN COMM.


12 Wis.2d 560 (1961)

LAKESHORE DEVELOPMENT CORPORATION, Respondent, v. PLAN COMMISSION OF VILLAGE OF OCONOMOWOC LAKE, Appellant.

Supreme Court of Wisconsin.

February 7, 1961.


Attorney(s) appearing for the Case

For the appellant there were briefs by Edwin P. Wiley, William J. Kiernan, Jr., and Foley, Sammond & Lardner, all of Milwaukee, and oral argument by Mr. Wiley and Mr. Kiernan.

For the respondent there were briefs by Charles J. Herro of Oconomowoc, attorney, and Robert D. Sundby and Melli & Sundby of counsel, all of Madison, and oral argument by Mr. Robert D. Sundby and Mr. Herro.


HALLOWS, J.

The appellant contends by its motion to quash it is challenging the jurisdiction of the trial court over the subject matter of the proceeding on the ground the rejection is not appealable because it was only an advisory opinion and on the ground the respondent was not an aggrieved person entitled to an appeal by certiorari.

The preliminary question to be decided is whether in this certiorari proceeding such matters can be raised by a motion to...

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