FRANKLIN v. GEROVAC

No. 208.

55 Wis.2d 51 (1972)

197 N.W.2d 772

CITY OF FRANKLIN, Appellant, v. GEROVAC, Respondent.

Supreme Court of Wisconsin.

Decided June 6, 1972.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Gregory P. Gregory of Cudahy.

For the respondent there was a brief by Eisenberg, Kletzke & Eisenberg, attorneys, and Edwin A. Star of counsel, all of Milwaukee, and oral argument by Neil D. Eisenberg.


HEFFERNAN, J.

The proceedings herein were extensive and apparently covered several days of trial. However, only a partial transcript was filed, and only a portion of the testimony is before us in this case.

It is undisputed that Gerovac purchased the property in question in 1950. At that time, the city of Franklin had not been organized, the area was rural in nature, and no zoning ordinance prohibited Gerovac's use of the

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