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RODGERS v. MENOMONEE FALLS

No. 231.

55 Wis.2d 563 (1972)

201 N.W.2d 29

RODGERS and wife, Appellants, v. VILLAGE OF MENOMONEE FALLS and another, Respondents.

Supreme Court of Wisconsin.

Decided October 3, 1972.

Attorney(s) appearing for the Case

For the appellants there was a brief by Niebler & Niebler, attorneys, and Chester J. Niebler of counsel, all of Menomonee Falls and oral argument by Chester J. Niebler.

For the respondents there was a brief by Puls & Puls of Milwaukee, attorneys for the village of Menomonee Falls; Kraemer, Binzak & Sylvan of Menomonee Falls, attorneys for CAM Development Corporation; and Foley & Lardner of Milwaukee, of counsel for CAM Development Corporation; and oral argument by C. Morse Puls for the village of Menomonee Falls; and Daniel A. Kraemer and Gilbert W. Church for CAM Development Corporation.

HANLEY, J.

There are three issues presented on this appeal:

(1) Should sec. 62.23 (7) (d), Stats., be construed so as to make the area of potential protest the area adjacent to and 100 feet from the boundary line of the property of the party seeking the zoning change, rather than the property for which rezoning is sought;

(2) Should the resolution passed by the school district at its annual meeting be treated as a valid protest to the petition for...

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