Michael R. BELL, Susan B. Bell, Arden O. Brabazan, Arthur R. Channing, Ruth M. Channing, Robert V. Conover, Jane A. Conover, Steven H. Hay, Michael W. Mooney, Rita L. Mooney, Frank E. Nappe, Mary E. Nappe, William V. Osborne, Karen K. Osborne, Richard H. Pfeil, Richard E. Radtke and Mary K. Radtke, Plaintiffs-Appellants,
v.
CITY OF ELKHORN and Hardees C & S Foods, Inc., Defendants-Respondents.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Argued January 30, 1985.
Decided February 27, 1985.
Attorney(s) appearing for the Case
For the plaintiffs-appellants there were briefs by Lisle W. Blackbourn and Godfrey, Pfeil & Neshek, S.C., Elkhorn, and oral argument by Robert Conover, Elkhorn.
For the defendants-respondents there was a joint brief by Rodney A. Thorson and Thorson, Davies, Johnson & Shortenhaus, and William L. Seymour and Seymour, Kremer & Nommensen, all of Elkhorn, and oral argument by Rodney A. Thorson and William L. Seymour.
Amicus curiae briefs were filed by Le Roy A. Lokken and James H. Schneider, Madison, for the League of Wisconsin Municipalities; and by Richard A. Lehmann and Amy L. Wachs, Middleton, for the Wisconsin Chapter of the American Planning Association.
Supreme Court of Wisconsin.
WILLIAM G. CALLOW, J.
This is an appeal from a judgment of the circuit court for Walworth county denying plaintiffs' request for a declaratory judgment and upholding a city of Elkhorn (City) amendatory zoning ordinance. The appeal was certified by the court of appeals and accepted by this court pursuant to sec. (Rule) 809.61, Stats. We affirm the circuit court.
The issues presented on appeal are whether the existence...
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