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STATE EX REL. CITIES S. O. CO. v. BD. OF APPEALS

21 Wis.2d 516 (1963)

STATE EX REL. CITIES SERVICE OIL COMPANY, Appellant, v. BOARD OF APPEALS (and members thereof), Respondents: MODERN CAR WASH, INC., and another, Impleaded, Appellants: POST, Intervenor, Respondent.

Supreme Court of Wisconsin.

November 26, 1963.

Attorney(s) appearing for the Case

For the appellant Cities Service Oil Company there were briefs by Hanley, Wedemeyer & Cavanaugh, attorneys, and John M. Hanley and Robert F. Cavanaugh of counsel, all of Milwaukee, and oral argument by John M. Hanley.

For the appellants Modern Car Wash, Inc., and Milwaukee Car Wash, Inc., there were briefs and oral argument by Harry W. Theuerkauf of Milwaukee.

For the respondents Board of Appeals and members thereof there were briefs by John J. Fleming, city attorney of the city of Milwaukee, and Cornelius J. Merten, assistant city attorney, and oral argument by Mr. Merten.

For the respondent Post, there was a brief by Grootemaat, Cook & Franke, attorneys, and Robert E. Cook of counsel, all of Milwaukee, and oral argument by Robert E. Cook.

CURRIE, J.

These appeals raise the following pertinent issues:

(1) Does the defendant Board of Appeals possess the power to revoke a building permit issued by the city building inspector ?

(2) Did the relators make expenditures in reliance upon the validity of the permit so as to acquire vested rights therein which would prevent the board from thereafter revoking the permit?

(3) Was the appeal to the board by Post, a nearby property owner,...

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