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STATE EX REL. LAKE D. B. CHURCH v. BAYSIDE V. BD.

12 Wis.2d 585 (1961)

STATE EX REL. LAKE DRIVE BAPTIST CHURCH, Appellant, v. VILLAGE OF BAYSIDE BOARD OF TRUSTEES and another, Respondents.

Supreme Court of Wisconsin.

March 7, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Nathaniel D. Rothstein, Jack E. Keyes, and Paul C. Konnor, all of Milwaukee.

For the respondents there was a brief and oral argument by Suel O. Arnold of Milwaukee.

A brief amicus curia was filed by Joseph J. Shutkin, Irvin B. Charne, Nathan Schapiro, and Alvin Friedman, all of Milwaukee, and Leo Pfeffer of New York City, and Joseph Minsky of Chicago, Illinois, of counsel.

FAIRCHILD, J.

1. Statutory authority of village to zone with respect to churches.1 Zoning power is conferred on cities and villages by sec. 62.23 (7), Stats., made applicable to villages by sec. 61.35. It includes the power to regulate the "location and use of buildings, structures, and land for trade, industry, residence, or other purposes." The supreme court of Missouri has held that, under the rule of ejusdem generis,...

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