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QUINN v. TOWN OF DODGEVILLE

No. 82-1932.

120 Wis.2d 304 (1984)

354 N.W.2d 747

Donald J. QUINN, Plaintiff-Appellant, v. The TOWN OF DODGEVILLE, a Wisconsin municipality, Timothy F. Blotz, Robert Meudt and Norman Olson, as members of Town Board of the Town of Dodgeville, Iowa County, Wisconsin, Claire Olson, as County Clerk of Iowa County, Wisconsin, Kenneth Palzkill, Iowa County Zoning Administrator, and the Iowa County Zoning and Planning Committee, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided July 19, 1984.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by Robert D. Sundby and DeWitt, Sundby, Huggett & Schumacher, S.C., of Madison, and oral argument by Robert D. Sundby.

For the defendants-respondents Town of Dodgeville, Blotz, Meudt and Olson there were briefs by Roger J. Mueller and Hamilton & Mueller, S.C. of Dodgeville, and Paula K. Doyle of Middleton and oral argument by Roger J. Mueller.

Before Gartzke, P.J., Dykman, J. and Foley, J.

GARTZKE, P.J.

Plaintiff Donald Quinn appeals the summary judgment dismissing his complaint. Quinn sought a judgment declaring unconstitutional sec. 59.97 (5) (e)6., Stats., which allows a town board to veto a county zoning ordinance amendment under the circumstances present. Quinn petitioned the appropriate county committee to rezone 5.6 acres of his agricultural property in the Town of Dodgeville to allow him to operate a commercial business and restaurant. The property...

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