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SCHWAAB v. TOWN OF SUMMIT

No. 79-1831.

98 Wis.2d 511 (1980)

297 N.W.2d 62

Thomas SCHWAAB, Plaintiff-Appellant, v. TOWN OF SUMMIT, Robert Hasselkus and Michael Jones, individually and as a member of the Town Board, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided August 22, 1980.

Attorney(s) appearing for the Case

For the plaintiff-appellant there was a brief by Clayton A. Cramer and James W. Hammes of Cramer, Mult-hauf & Curran of Waukesha. Oral argument by Mr. Hammes.

For the defendants-respondents there was a brief by Eugene C. Daly and Thomas P. Kurz of Foley & Lardner of Milwaukee. Oral argument by Mr. Daly.

Before Voss, P.J., Brown and Bode, J.J.

BODE, J.

Plaintiff Thomas Schwaab is the duly elected Town Chairman of the Town of Summit. He commenced this declaratory action on April 27, 1979, challenging the validity of an amendment to an ordinance creating a town Plan Commission. The amendment granted the Town Board the authority to appoint members of the Plan Commission. Although the court held the ordinance invalid for reasons not raised on this appeal,1 the validity of the amendment...

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