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QUINN v. TOWN OF DODGEVILLE

No. 82-1932.

122 Wis.2d 570 (1985)

364 N.W.2d 149

Donald J. QUINN, Plaintiff-Appellant-Petitioner, 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.

Supreme Court of Wisconsin.

Decided February 27, 1985.

Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner there was a brief by Robert D. Sundby and DeWitt, Sundby, Huggett, Schumacher & Morgan, S.C., Madison, and oral argument by Robert D. Sundby.

For the defendants-respondents there was a brief (in court of appeals) by Roger J. Mueller and Hamilton & Mueller, S.C., Dodgeville, and Paula K. Doyle, Middleton, and oral argument by Roger J. Mueller.

STEINMETZ, J.

Donald J. Quinn, a property owner, sought judgment declaring unconstitutional sec. 59.97 (5) (e) 6, Stats., which grants town boards the power to veto county zoning ordinance amendments. The circuit court for Iowa county, James P. Fiedler, Judge, dismissed the complaint pursuant to defendants' motion for summary judgment. Quinn appealed to the court of appeals and after the court of appeals affirmed the trial court,1 he petitioned...

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