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WESTGATE HOTEL, INC. v. KRUMBIEGEL

No. 285.

39 Wis.2d 108 (1968)

158 N.W.2d 862

WESTGATE HOTEL, INC., Appellant, v. KRUMBIEGEL, Commissioner of Health, City of Milwaukee Health Department, Respondent.

Supreme Court of Wisconsin.

Decided May 7, 1968.

Attorney(s) appearing for the Case

For the appellant there was a brief by Schwemer & Schwemer of Milwaukee, and oral argument by Evan C. Schwemer.

For the respondent there was a brief by John J. Fleming, Milwaukee city attorney, and John F. Kitzke and Thomas E. Hayes, assistant city attorneys, and oral argument by Mr. Hayes.

HEFFERNAN, J.

The appellant's principal contention is one that is raised for the first time on appeal.1 He claims that, because the Health Department for nine years permitted Westgate to operate second-class dwelling units without kitchen sinks, this constituted a variance in fact which could not be revoked without just cause.

It is clear that from 1958 through 1967 the 17 rooms were classed as second-class dwelling units. A dwelling...

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