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STATE EX REL. PETERSON v. BURT

No. 198.

42 Wis.2d 284 (1969)

166 N.W.2d 207

STATE EX REL. PETERSON, Appellant, v. BURT, Building Inspections Superintendent, and others, Respondents.

Supreme Court of Wisconsin.

Decided April 1, 1969.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Ray A. Peterson of Madison, pro se.

For the respondents there was a brief by Edwin Conrad, city attorney, and Frederick W. Fischer, assistant city attorney, both of Madison, and oral argument by Mr. Fischer.

WILKIE, J.

The sole issue presented on this appeal is as follows: Does sec. 28.05 (3) (f) 1, Madison General Ordinances, providing for relinquishment of nonconforming use if such use is discontinued for a continuous period of one year, eliminate the necessity of proving intent to abandon?

It is undisputed that the two residential buildings in question were vacant from at least September of 1966 to September of 1967...

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