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CITY OF LAKE GENEVA v. SMUDA

No. 790 (1974).

75 Wis.2d 532 (1977)

249 N.W.2d 783

CITY OF LAKE GENEVA, Respondent, v. SMUDA, and another, Appellants.

Supreme Court of Wisconsin.

Decided February 1, 1977.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Leslie L. Johnson and Davies, Thorson, O'Brien & Johnson of Elkhorn.

For the respondent the cause was submitted on the brief of John B. Christians, city attorney, and Christians & Torhorst of Lake Geneva.

DAY, J.

The City of Lake Geneva, a municipal corporation, brought action in circuit court to permanently restrain Frank P. Smuda and Libby A. Smuda, defendants, from maintaining a nonconforming use on their premises contrary to a city zoning ordinance. After a trial before the court, judgment was entered in favor of the city.

The principal issues on appeal are:

1. Is the lower court finding that a valid nonconforming use did not exist at the time of...

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