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MEQUON v. LAKE ESTATES CO.

No. 215.

52 Wis.2d 765 (1971)

190 N.W.2d 912

CITY OF MEQUON and others, Respondents, v. LAKE ESTATES COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided November 5, 1971.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Lloyd S. Jacobson of Milwaukee.

For the plaintiff-respondent there was a brief and oral argument by John A. Meyer of Milwaukee.

For the intervening plaintiffs-respondents there was a brief by Gerold & Huiras of Port Washington, and oral argument by Ralph J. Huiras.

HEFFERNAN, J.

The defendant's argument on this appeal as it pertains to the city's claim for the sums due for recreational purposes is simply that sec. 3.08 was repealed and, pursuant to the terms of the agreement, no sums were to be due the city in that event or if the ordinance was found to be illegal. The city acknowledges that Ordinance 63-23 repealed sec. 3.08 but argues that, by virtue of the simultaneous re-creation of the provisions relating to the dedication...

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