RUBIN v. CITY OF WAUWATOSA

No. 83-140.

116 Wis.2d 305 (1983)

342 N.W.2d 451

Joseph RUBIN, Morton Luck and Phillip Rand, partners, d/b/a Madison Parkview Company, a Wisconsin general partnership, on behalf of itself and all other property owners in the City of Wauwatosa similarly situated, Plaintiffs-Respondents, v. CITY OF WAUWATOSA, a municipal corporation, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided November 18, 1983.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Harold D. Gehrke of Wauwatosa.

For the plaintiffs-respondents the cause was submitted on the briefs of Peregrine, Marcuvitz & Peltin, S.C., with Alan Marcuvitz and Andrea Roschke of counsel, of Milwaukee.

Before Wedemeyer, P.J., Moser and Brown, JJ.


WEDEMEYER, P.J.

The City of Wauwatosa appeals from the trial court's declaratory judgment determining that ch. 8.26 of the Wauwatosa Code of Ordinances and its implementing resolution R-81-797 are not authorized by the statutes of the state of Wisconsin and are unconstitutional.1 The assignment of error by Wauwatosa essentially presents two questions: (1) Did Wauwatosa exceed its statutory authority...

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