WALWORTH COUNTY v. ELKHORN


27 Wis.2d 30 (1965)

WALWORTH COUNTY and others, Respondents, v. CITY OF ELKHORN, Appellant.

Supreme Court of Wisconsin.

March 2, 1965.


Attorney(s) appearing for the Case

For the appellant there was a brief by Lyman K. Arnold, city attorney, and by Robert D. Sundby of Madison, special counsel, attorneys, and Immell, Herro, Buehner, DeWitt & Sundby of Madison, of counsel, and oral argument by Robert D. Sundby.

For the respondent Walworth county there was a brief and oral argument by Philip B. Morrissy, corporation counsel.

For the respondent town of Sugar Creek there was a brief by Godfrey, Godfrey, Neshek & Conway of Elkhorn, and oral argument by Milton E. Neshek and Alfred L. Godfrey.

For the respondent Edwin Runge there was a brief and oral argument by Charles E. Wilson of Elkhorn.

A brief amicus curiae was filed by Julian Bradbury of Madison for the League of Wisconsin Municipalities.


CURRIE, C. J.

These two questions are raised by this appeal:

(1) Does sec. 62.23 (2), Stats., render void an interim extraterritorial zoning ordinance adopted by the city without the consent of the county board of supervisors?

(2) Is the ordinance void on the ground that it deprives plaintiff Runge of valuable property rights, or that it is arbitrary and capricious, in contravention of the due-process or the...

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