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NEW BERLIN v. STEIN

No. 323.

58 Wis.2d 417 (1973)

206 N.W.2d 207

CITY OF NEW BERLIN, Respondent, v. STEIN, Appellant.

Supreme Court of Wisconsin.

Decided April 20, 1973.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Eisenberg, Kletzke & Eisenberg, attorneys, and Neil D. Eisenberg and Edwin A. Star of counsel, all of Milwaukee.

For the respondent the cause was submitted on the brief of Clayton A. Cramer, city attorney, and A. Warren Cahill, assistant city attorney.

Submitted under sec. (Rule) 251.54 March 29, 1973.

HALLOWS, C. J.

The dispositive issue in this case is whether there was a valid ordinance during the period from May 29, 1961, to June 5, 1962, prohibiting the use of Stein's premises so that his alleged use during that period could not become a nonconforming use upon the adoption of the zoning ordinance by the city of New Berlin on June 5, 1962. We need not decide whether Stein's activity constitutes operating...

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