STATE EX REL. LOZOFF v. BOARD OF TRUSTEES

No. 413.

55 Wis.2d 64 (1972)

197 N.W.2d 798

STATE EX REL. LOZOFF, Respondent, v. BOARD OF TRUSTEES OF THE VILLAGE OF HARTLAND, Appellant.

Supreme Court of Wisconsin.

Decided June 6, 1972.


Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Robert W. Haight of Hartland, and George A. Schmus of West Allis.

For the respondent there was a brief by Lowry, Hunter & Tikalsky, and oral argument by Thomas E. Anderson, all of Waukesha.


HANLEY, J.

The sole issue presented on this appeal is whether the trial court erred in ruling that nonaction on the part of the village constituted approval of the preliminary plat.

The trial court based its ruling on sec. 236.11 (1) (a), Stats., which reads as follows:

"Before submitting a final plat for approval, the subdivider may submit, or the approving authority may require that he submit, a preliminary plat. It shall be clearly marked `preliminary...

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