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RACINE COUNTY v. ALBY

No. 229.

65 Wis.2d 574 (1974)

223 N.W.2d 438

RACINE COUNTY, Respondent, v. ALBY, d/b/a Alby Materials, Inc., and another, Appellants.

Supreme Court of Wisconsin.

Decided November 26, 1974.

Attorney(s) appearing for the Case

For the appellants there was a brief by Lepp & Lepp of Kenosha, and oral argument by Burton Lepp.

For the respondent there was a brief by James T. McMahon, assistant corporation counsel, and oral argument by Dennis J. Flynn, corporation counsel.

WILKIE, C. J.

This is a zoning case. The lower court's judgment permanently enjoins defendants-appellants from operating a gravel quarry in violation of a zoning ordinance and requires that the quarry area be restored to its pre-existing condition.

The sole issue, which is dispositive of this appeal, is whether the town board of the town of Waterford, Racine county, validly enacted the zoning ordinance which does not permit the quarry use asserted by defendant...

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