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ALBERTI v. CITY OF WHITEWATER

No. 81-2510.

109 Wis.2d 592 (1982)

327 N.W.2d 150

Mark ALBERTI, d/b/a The Woodshed Tavern, Petitioner-Respondent, v. The CITY OF WHITEWATER, a municipal corporation, and Common Council of the City of Whitewater, Roy A. Nosek, Alvin Obenauer, Ruth Miner, Kenneth J. Foucault, James Fischer, Thomas S. McLeroy, Gerald S. Schroble and Brian Schimming, individually and as members of The City of Whitewater Common Council, Respondents-Appellants.

Court of Appeals of Wisconsin.

Decided November 4, 1982.

Attorney(s) appearing for the Case

For the respondents-appellants the cause was submitted on the brief of Martin W. Harrison of Allen, Harrison & Williams of Whitewater.

For the petitioner-respondent the cause was submitted on the brief of Richard E. Reilly of Gimbel, Gimbel & Reilly of Milwaukee.

Amicus curiae brief was filed by Burt P. Natkins, Madison, for League of Wisconsin Municipalities.

Before Voss, P.J., Scott, J. and Lewis J. Charles, Reserve Judge.

[1, 2]

SCOTT, J.

The City of Whitewater (Whitewater) and the Common Council of Whitewater (Council) appeal from a judgment finding that the Council has no discretion to control the expansion of a licensed tavern's premises and from a writ of mandamus ordering the city clerk to license an expansion of the Woodshed Tavern (Woodshed) and to report the license amendment to the Council. The question on appeal is whether a tavern operator who has been...

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