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VOLUNTEERS OF AMERICA v. VILLAGE OF BROWN DEER

No. 79-1123.

97 Wis.2d 619 (1980)

294 N.W.2d 44

VOLUNTEERS OF AMERICA CARE FACILITIES, a Minnesota non-profit corporation registered to do business in Wisconsin, and Unicare Health Facilities, Inc., a Wisconsin corporation, Plaintiffs-Respondents, v. VILLAGE OF BROWN DEER, Wisconsin Board of Health, Safety and Welfare, Patrick Barrett, Mary Kust, John P. Wolfgram, Nancy Anderson, Richard O'Malley and Roe Parker, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided May 15, 1980.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Harold H. Fuhrman, village attorney, with whom on the brief was Mark W. Ninneman, assistant village attorney, Village of Brown Deer.

For the respondents the cause was submitted on the brief of Roch Carter, Michael J. Spector, Joseph D. Masterson, and Quarles & Brady of counsel, all of Milwaukee.

Before Decker, C.J., Moser, P.J., and Cannon, J.

MOSER, P.J.

This is an appeal from a summary judgment, declaring the Village of Brown Deer ordinances secs. 9-5.01 et seq., requiring annual registration of nursing homes, void and invalid as in conflict with the authority of the Department of Health and Social Services (DHSS) under ch. 50 of the Wisconsin Statutes. The trial court ruled that the ordinances were invalid as they affected the Hearthside Nursing Home and Rehabilitation Center (Hearthside), owned...

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