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TAVERN LEAGUE v. CITY OF MADISON

No. 85-0365.

131 Wis.2d 477 (1986)

389 N.W.2d 54

TAVERN LEAGUE OF WISCONSIN, Plaintiff-Respondent and Cross-Appellant, v. CITY OF MADISON, Defendant-Appellant and Cross-Respondent.

Court of Appeals of Wisconsin.

Argued April 17, 1986.

Attorney(s) appearing for the Case

For the defendant-appellant and cross-respondent the cause was submitted on the briefs of Henry A. Gempeler, city attorney, and Larry W. O'Brien, assistant city attorney.

For the plaintiff-respondent and cross-appellant the cause was submitted on the briefs of Gregory J. Paradise and Mohs, MacDonald & Widder of Madison.

Before Gartzke, P.J., Dykman and Eich, JJ.

EICH, J.

The City of Madison appeals, and the Tavern League of Wisconsin cross-appeals, from a declaratory judgment invalidating a city ordinance. The ordinance authorized the city clerk to withhold issuance of liquor licenses granted by the common council if it appears that the licensees have outstanding and unpaid federal, state or municipal taxes, assessments or forfeitures. The trial court ruled that: (1) the City of Madison has statutory authority to condition...

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