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STATE EX REL. ZUPANCIC v. SCHIMENZ

No. 51.

46 Wis.2d 22 (1970)

174 N.W.2d 533

STATE EX REL. ZUPANCIC, Respondent, v. SCHIMENZ, Inspector of Buildings of city of Milwaukee, and another, Appellants: SAMPSON ENTERPRISES, INC., Defendant.

Supreme Court of Wisconsin.

Decided March 3, 1970.

Attorney(s) appearing for the Case

For the appellants there were briefs by John J. Fleming, city attorney, and Wallace E. Zdun, assistant city attorney, attorneys, and John F. Cook, assistant city attorney, of counsel, and oral argument by Mr. Zdun.

For the respondent there was a brief by Peregrine, Schimenz, Marcuvitz & Cameron and Hugh R. Braun, all of Milwaukee, and oral argument by Mr. Braun.

HALLOWS, C. J.

The basic issue before the trial court and on this appeal is whether a declaration of restrictions limiting the use of the land involved was a part of a contract to rezone the property and therefore was invalid.

On May 11, 1955, the common council of the city of Milwaukee approved a plat of the River Bend Shopping Center and provided that any future division of the lots would be subject to its approval. Part of this area was zoned "neighborhood...

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