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J & N CORP. v. GREEN BAY

28 Wis.2d 583 (1965)

J & N CORPORATION, Appellant, v. CITY OF GREEN BAY and another, Respondents.

Supreme Court of Wisconsin.

November 2, 1965.

Attorney(s) appearing for the Case

For the appellant there was a brief by Byron Swidler, attorney, and Seymour Gimbel of counsel, both of Milwaukee, and oral argument by Mr. Swidler.

For the respondents there was a brief by Clarence W. Nier, city attorney, and Richard G. Greenwood, assistant city attorney, and oral argument by Mr. Greenwood.

WILKIE, J.

There are two issues presented on this appeal:

First, is Green Bay ordinance sec. 16.18 (2) (i) discriminatory as to gasoline stations and therefore unconstitutional?

Second, is sec. 16.18 (2) (i) unconstitutional because it operates as an ex post facto law?

Discriminatory Effect.

It is elementary that an ordinance is presumed to be constitutional and that the attacking...

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