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MENZER v. ELKHART LAKE

No. 95.

51 Wis.2d 70 (1971)

186 N.W.2d 290

MENZER, Plaintiff and Appellant, v. VILLAGE OF ELHART LAKE and another, Defendants and Respondents: STATE, Intervening Defendant and Respondent.

Supreme Court of Wisconsin.

Decided May 4, 1971.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by Brady, Tyrrell, Cotter & Cutler, attorneys, and Richard W. Cutler, Samuel J. Recht, and Michael J. Spector of counsel, all of Milwaukee, and oral argument by Mr. Recht.

For the defendants-respondents there was a brief by Holden, Halvorsen & Bjork, attorneys, and Peter A. Bjork of counsel, all of Sheboygan, and oral argument by Peter A. Bjork.

For the intervening defendant-respondent the cause was argued by Robert B. McConnell, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

ROBERT W. HANSEN, J.

This lawsuit involves two identical ordinances, one state statute and all lakes in Wisconsin.

The lakes. The lake here involved is Elkhart Lake, a 300-acre body of water in Sheboygan county, lying entirely within the limits of the town of Rhine and village of Elkhart Lake. However, the legal issues raised relate to all lakes, ranging in size from the millpond in Neosho to Lake Winnebago. Actually, discussion of issues raised begins...

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