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CLARK OIL & REFINING CORP. v. TOMAH,

30 Wis.2d 547 (1966)

CLARK OIL & REFINING CORPORATION, Respondent, v. CITY OF TOMAH, Appellant.

Supreme Court of Wisconsin.

April 12, 1966.

Attorney(s) appearing for the Case

For the appellant there were briefs by Lawrence S. Clark of Tomah, and Edwin Larkin of Mondovi, and oral argument by Mr. Larkin.

For the respondent there was a brief by Thomas F. McCaul of Tomah, and Hale, Skemp, Hanson, Schnurrer & Skemp of La Crosse, and oral argument by William P. Skemp.

WILKIE, J.

The city of Tomah has a population of about 5,000. U. S. Highway 12 cuts through this Monroe county city. Superior avenue (part of the highway) is Tomah's main street. The Clark station is located at the corner of Superior avenue and Saratoga street. The station has two islands from which gasoline is pumped. It has two below-ground, properly vented storage tanks, each with a capacity of 6,000 gallons. Clark sells about 22,000 gallons each month from this...

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