NODELL INV. CORP. v. GLENDALE

No. 75-506.

78 Wis.2d 416 (1977)

254 N.W.2d 310

NODELL INVESTMENT CORP., and others, Appellants, v. CITY OF GLENDALE, and another, Respondents.

Supreme Court of Wisconsin.

Decided June 1, 1977.


Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by Harry W. Theuerkauf of Milwaukee.

For the respondent there were briefs by L. C. Hammond, Jr., Michael J. Spector, James H. Baxter III and Quarles & Brady, and oral argument by Messrs. Spector and Baxter.


ABRAHAMSON, J.

The determinative issue for this court on appeal is whether a property owner may challenge as unconstitutional the method of administering and applying an apparently constitutional ordinance by a declaratory judgment action in the circuit court without first appealing to the zoning board of appeals. The circuit court held that since the property owners had failed to exhaust the available administrative remedies, the court did not possess jurisdiction...

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