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NORTON v. TOWN OF SEVASTOPOL

No. 81-1528.

108 Wis.2d 595 (1982)

323 N.W.2d 148

Mary JO NORTON, as officer for the Starlight Drive-In, Inc., Plaintiff-Appellant, v. TOWN OF SEVASTOPOL and Town Board Members, c/o Arthur Mueller, Town Chairman, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided July 20, 1982.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Challoner Morse McBride of Sturgeon Bay.

For the respondent the cause was submitted on the brief of Pinkert, Smith, Koehn & Weir and Jeffery M. Weir of Sturgeon Bay.

Before Foley, P.J., Dean and Cane, JJ.

CANE, J.

Mary Jo Norton, an officer of the Starlight Drive-In, Inc., appeals from an order dismissing the petition for review of Starlight's application for a fermented malt beverage license under sec. 66.054 (8), Stats. She contends that drive-in theaters are "recreation premises" under sec. 66.054(8) (a), and therefore the town board could have granted a Class "B" license for a bluegrass festival at the drive-in. She also contends that, in issuing such a license...

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