LEAGUE OF WOMEN VOTERS v. OUTAGAMIE COUNTY

No. 81-1079.

113 Wis.2d 313 (1983)

334 N.W.2d 887

LEAGUE OF WOMEN VOTERS OF APPLETON, INC.; Save Downtown Committee, John Gilmour d/b/a Gilmour Brothers Musick Gallery, John C. Zimmerman d/b/a Conkey's Book Store, Franklin A. Hardt d/b/a Iron Rail, Inc., Bernard Pearlman d/b/a Barrett's, Michael P. Haley d/b/a Michael's Bookstore of Appleton, Howard L. Gilbertson d/b/a Hobby World, David N. Weiland d/b/a Wickman Furniture Co., William R. Scott d/b/a Mole Hole of Appleton, Ltd., Lawrence P. Hauser d/b/a Gabriel Furniture Co. and Pilgrim Shop, Ray Gevelinger d/b/a Gabriel Furniture Co. and Pilgrim Shop, John and Barbara Disher d/b/a Campbell Stores, Elizabeth L. Hoover d/b/a Peerless Launderers and Cleaners, Inc., John Conway d/b/a John Conway Hotel Co., Kathleen M. DeFurio d/b/a T-Shirt Emporium, Charles Pond d/b/a Pond Sport Shop, Inc., Paul Guyette and Mary Guyette d/b/a Guyette's Ltd., James O. Hauert d/b/a Hauert's Pet and Garden Store; Mylan Sinclair d/b/a Appleton Pharmacy, Robert A. Hickinbotham d/b/a Fox Valley Radio & TV, Plaintiffs-Appellants-Petitioners, v. OUTAGAMIE COUNTY; Outagamie County Board Agriculture, Extension, Education & Zoning Committee Jack Wignall, Carl Janke, Gerald P. Kavanaugh, and Francis J. Coonen, in their capacity as committee members, and Frank M. Charlesworth, in his capacity as Outagamie County Zoning Administrator, and General Growth Development Corporation, a foreign corporation, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided July 1, 1983.


Attorney(s) appearing for the Case

For the petitioners there were briefs by Donald R. Zuidmulder and Cohen, Grant, Zuidmulder, Gazeley and Appel, Ltd., Green Bay, and oral argument by Donald R. Zuidmulder.

For the respondent General Growth Development Corporation, there was a brief by Charles Q. Kamps, Stuart Parsons, James H. Baxter, III, and Quarles & Brady, Milwaukee, and James R. Long, Appleton, and oral argument by Mr. Baxter.


Affirming 108 Wis.2d 771, 324 N.W.2d 296 (Ct. App.).

HEFFERNAN, J.

This is a review of an unpublished court of appeals decision dated June 22, 1982, affirming an August 6, 1981, order of the circuit court for Outagamie county, Judge Urban P. Van Susteren, which dismissed the plaintiffs' complaint.

On this review two issues are presented: The first is whether the court of appeals was correct in holding that the complaint was properly dismissed because...

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