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ST. EX REL. SMITH v. OAK GREEK

No. 85-1470.

131 Wis.2d 451 (1986)

389 N.W.2d 366

STATE of Wisconsin EX REL. Patrick SMITH, d/b/a Rawson Development Group, Ltd., Petitioner-Appellant, v. CITY OF OAK CREEK, a Municipal corporation, The Common Council of the City of Oak Creek, and LaVerne C. Gutknecht, City of Oak Creek Clerk, Respondents.

Court of Appeals of Wisconsin.

Decided April 16, 1986.

Attorney(s) appearing for the Case

For the petitioner-appellant the cause was submitted on the briefs of Cunningham, Lyons, Steele & Cramer, S.C. with Thomas P. Lyons, of counsel, of Milwaukee.

For the respondents the cause was submitted on the briefs of Lawrence J. Haskin, City Attorney, of Oak Creek.

Before Moser, P.J., Wedemeyer and Sullivan, JJ.

SULLIVAN, J.

Patrick Smith (Smith) appeals an order dismissing his request for a temporary injunction, an order denying his request for a permanent injunction, and an order dismissing his petition for a writ of certiorari. We hold that Smith may be considered a habitual law offender under sec. 125.04(5)(b), Stats., even though he has never been convicted of any crime or offense. For that reason, Smith was properly denied. a renewal of his alcoholic beverage license...

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