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MILWAUKEE v. LEAVITT

31 Wis.2d 72 (1966)

CITY OF MILWAUKEE, Respondent, v. LEAVITT, d/b/a A-SPRAY PAINTERS & REFINISHERS, and another, Appellants.

Supreme Court of Wisconsin.

May 10, 1966.

Attorney(s) appearing for the Case

For the appellants there was a brief by Anderson, Bylsma & Eisenberg of Madison, and oral argument by Clarence G. Bylsma.

For the respondent there was a brief by John J. Fleming, city attorney, and Maurice L. Markey, assistant city attorney, and oral argument by Mr. Markey.

CURRIE, C. J.

We start with the premise that the nonresidential uses of the building made between the adoption of the Milwaukee Zoning Ordinance in 1921 and the year 1941 constituted legal nonconforming uses, but that the commercial and industrial uses made subsequent to January 7, 1947 (the date Perssion acquired title) were illegal nonconforming uses. This is because sec. 62.23 (7) (h), Stats., provides:

"Nonconforming uses. The lawful use of a building...

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