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MOWERS v. CITY OF ST. FRANCIS

No. 81-2108.

108 Wis.2d 630 (1982)

323 N.W.2d 157

Thomas J. and Linda M. MOWERS; Richard A. and Joanne C. Johnson; Sharon Y. Doepke; Chester Zielski; Brad L. and Paula M. Irelan; Allen E. and Monica D. Jaeger; Earl J. and Isabel Murname; Gene R. and Gisela M. Ikeler; John S. and Margaret Szep; and Josephine Contorno, Plaintiffs-Appellants, v. CITY OF ST. FRANCIS, a Wisconsin municipal corporation; James McManus; Audrey Szymkowski; John Kroll; and Ralph J. Voltner, Jr., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided July 23, 1982.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the brief of Alan Marcuvitz and Donald V. Kozlovsky of Peregrine, Marcuvitz & Peltin, S.C., of Milwaukee.

For the defendants-respondents the cause was submitted on the brief of James P. Burns, James P. O'Neill and Harwood A. Staats, of Milwaukee.

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

RANDA, J.

Appellants brought suit seeking declaratory relief as to the validity of City of St. Francis Ordinance No. 464. The trial court granted respondents' motion for summary judgment and dismissed the complaint on the grounds that Ordinance 464 was constitutional and that respondents were not estopped from denying its validity. We affirm.

Two issues are raised on appeal:

1. Whether the respondents are estopped to deny the alleged invalidity of...

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