STATE EX REL. WESTBROOK v. CITY OF NEW BERLIN

No. 83-1732.

120 Wis.2d 256 (1984)

354 N.W.2d 206

STATE of Wisconsin EX REL. John WESTBROOK and Ann Westbrook, his wife, Petitioners-Respondents, v. CITY OF NEW BERLIN, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided July 5, 1984.


Attorney(s) appearing for the Case

For the appellant, the cause was submitted on the briefs of T. Michael Schober, city attorney, of New Berlin.

For the respondent, the cause was submitted on the brief of Norman J. Fons, of Greendale.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.


NETTESHEIM, J.

The City of New Berlin appeals a judgment of the trial court reversing the decision of the city common council denying approval of the Westbrooks' proposed certified survey map. The trial court ordered approval of the certified survey map.

The Westbrooks originally applied to the New Berlin Zoning Board of Appeals for a variance from the zoning requirements relative to the width of the lots laid out in their certified survey map. The board of...

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