HERDEMAN v. CITY OF MUSKEGO

No. 83-165.

116 Wis.2d 687 (1983)

343 N.W.2d 814

Henry A. HERDEMAN and Patricia H. Herdeman, Plaintiffs-Appellants, v. CITY OF MUSKEGO, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 7, 1983.


Attorney(s) appearing for the Case

For the plaintiffs-appellants, the cause was submitted on the briefs of Jack D. Moertl of Moertl & Wilkins, S.C., of Milwaukee.

For the defendant-respondent, the cause was submitted on the brief of Dale W. Arenz of Hippenmeyer, Reilly, Arenz, Molter, Bode & Gross, S.C., of Waukesha.

Before Scott, C.J., Brown, P.J., and Robert W. Hansen, Reserve Judge.


BROWN, P.J.

The Herdemans appeal the enactment of Muskego Amended Ordinance #357 rezoning certain farmland to allow residential development. They claim that because the ordinance was amended after a public hearing, but before passage, the common council was dutybound to send the proposed ordinance back to the planning commission and publish notice for another public hearing. Because that was not done, error is claimed. They also assert that certain biased city officials...

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