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STATE EX REL. GALL v. WITTIG

No. 218.

42 Wis.2d 595 (1969)

167 N.W.2d 577

STATE EX REL. GALL, Respondent, v. WITTIG, Municipal Justice of the Village of Whitefish Bay, Appellant.

Supreme Court of Wisconsin.

Decided May 9, 1969.

Attorney(s) appearing for the Case

For the appellant there were briefs by Harry J. Hayes, attorney, and Maxwell H. Herriott, special counsel, both of Milwaukee, and oral argument by Mr. Herriott.

For the respondent there was a brief by Shellow, Shellow & Coffey and Robert H. Friebert, all of Milwaukee, and oral argument by Mr. Friebert.

BEILFUSS, J.

From the briefs and arguments of counsel for the parties we deem the issues to be:

1. Is prohibition a permissible and proper remedy?

2. Does the ordinance, by its terms, exclude the proposed activities of the respondent?

3. Is the ordinance as applied to the respondent constitutional ?

The propriety of the proceeding by writ of prohibition is not seriously contested by the appellant. In his reply brief the appellant, in...

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