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TOWN OF SUN PRAIRIE v. STORMS

No. 81-912.

110 Wis.2d 58 (1983)

327 N.W.2d 642

TOWN OF SUN PRAIRIE, Plaintiff-Appellant-Cross-Respondent-Petitioner, v. Gerald J. STORMS, David R. Cheney, Leonard J. Linzmeier and James M. Ballweg, Defendants-Respondents-Cross-Appellants.

Supreme Court of Wisconsin.

Decided January 5, 1983.

Attorney(s) appearing for the Case

For the plaintiff-petitioner there were briefs by Trayton L. Lathrop and Isaksen, Lathrop, Esch, Hart & Clark, Madison, and oral argument by Trayton L. Lathrop.

For the defendants-respondents there was a brief by Francis J. Eustice and Aulik & Brill, S.C., Sun Prairie, and oral argument by Mr. Eustice.

Reversing 106 Wis.2d 776, 319 N.W.2d 179 (Ct. App.).

BEILFUSS, C.J.

This is a review of an unpublished decision of the court of appeals which affirmed the trial court's judgment declaring the petitioner's ordinance void.

On March 23, 1976, the town board of the Town of Sun Prairie adopted the following minimum lot size ordinance:

"The Town Board of the Town of Sun Prairie does ordain the minimum lot size shall be 80,000 square feet with a minimum...

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