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STATE EX REL. HUMBLE OIL & REF. CO. v. WAHNER

25 Wis.2d 1 (1964)

STATE EX REL. HUMBLE OIL & REFINING COMPANY and others, Respondents, v. WAHNER, Town Clerk, and others, Appellants. [Case No. 116.] v. SAME, Respondents, v. DENISSEN, Building Inspector, Appellant. [Case No. 117.]

Supreme Court of Wisconsin.

September 29, 1964.

Attorney(s) appearing for the Case

For the appellants there was a brief by Cornelisen, Denissen, Kranzush & Kuehn, and oral argument by David J. Condon, all of Green Bay.

For the respondents there was a brief by Rix, Kuelthau & Kuelthau of Milwaukee, attorneys, and Everson, Whitney, O'Melia, Everson & Brehm of Green Bay, of counsel, and oral argument by John C. Whitney and Robert E. Kuelthau.

WILKIE, J.

The first question presented on this appeal is whether the zoning ordinance in effect at the time of the Humble petitions is valid.

In 1947, the town board of Allouez had the power to zone pursuant to authority of sec. 62.23 (7), Stats. This ordinance, like any zoning ordinance, is presumed to be valid and will be set aside only if its invalidity clearly appears.1

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