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BOERSCHINGER v. ELKAY ENTERPRISES, INC.

32 Wis.2d 168 (1966)

BOERSCHINGER and others, Respondents, v. ELKAY ENTERPRISES, INC., and others, Appellants.

Supreme Court of Wisconsin.

October 4, 1966.

Attorney(s) appearing for the Case

For the appellants there were briefs by Bernard Berk and Berk & Pressentin, all of Green Bay, and oral argument by Bernard Berk.

For the respondents there was a brief by Kaftan, Kaftan & Kaftan and Robert P. Stebbins, all of Green Bay, and oral argument by Mr. Arthur Kaftan and Mr. Stebbins.

HANLEY, J.

We are satisfied the action is ripe for determination under the Declaratory Judgments Act, sec. 269.56, Stats. The town government is required to follow the statute under which the legislature has granted it power to zone. Sec. 62.23 (7), under which the town of Bellevue enacted its zoning ordinance, provides at sub. (b) as follows:

" (b) Districts. For any and all of said purposes the council may divide the city into districts of such number...

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