M & I MARSHALL & ILSLEY BANK, Trustee of the Alfred L. Easterday Family Trust, Plaintiff-Appellant,
v.
TOWN OF SOMERS, A Wisconsin Municipal Corporation, Defendant and Third Party Plaintiff-Respondent,
COUNTY OF KENOSHA, Third Party Defendant.
Max R. BAUM, Sylvia C. Morrow and Rose Marie Schmidt, Plaintiffs-Appellants,
v.
TOWN OF SOMERS, A Wisconsin Municipal Corporation, Defendant and Third Party Plaintiff-Respondent,
COUNTY OF KENOSHA, Third Party Defendant.
John P. CSEPELLA, Plaintiff-Appellant,
v.
TOWN OF SOMERS, A Wisconsin Municipal Corporation, Defendant and Third Party Plaintiff-Respondent,
COUNTY OF KENOSHA, Third Party Defendant.
BOTHE ASSOCIATES, INC., A Wisconsin Corporation, Plaintiff-Appellant,
v.
TOWN OF SOMERS, A Wisconsin Municipal Corporation, Defendant and Third Party Plaintiff-Respondent,
COUNTY OF KENOSHA, Third Party Defendant.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Argued September 8, 1987.
Decided November 4, 1987.
Attorney(s) appearing for the Case
For the plaintiffs-appellants there was a brief by Morton J. Schmidt, John A. Zodrow and Schmidt & Zodrow, Ltd., and oral argument by Morton J. Schmidt and John A. Zodrow, Milwaukee.
For the defendant-respondent there was a brief by Donald E. May and Phillips, Richards & Mayew, S.C., and oral argument by Charles Richards, Kenosha.
There were amicus curiae briefs by Maryann Sumi, assistant attorney general with whom on the brief was Donald J. Hanaway, attorney general; Richard A. Lehmann, Lawton & Cates, and Steven M.Schur, of counsel, and The Wisconsin Chapter of the American Planning Association, The Southeastern Wisconsin Regional Planning Commission and The Wisconsin Council of Regional Planning Organizations, Madison; Carlyle H. Whipple, Whipple Law Offices, S.C. and The Sierra Club, John Muir Chapter, Citizens for a Better Environment and the Audubon Society, Madison; William Davis and The Environmental Decade, Madison, Kathleen M. Falk and Wisconsin Public Intervenor, Madison.
Supreme Court of Wisconsin.
WILLIAM G. CALLOW, J.
This is an appeal from an order of the circuit court for Kenosha county, Judge David M. Bastian, granting summary judgment to the Town of Somers. This appeal is before us on certification by the court of appeals.
The court of appeals certified to this court the following two issues:
"(1) Is a town which has adopted a countywide comprehensive revised zoning ordinance pursuant to sec. 59.97(5)(d), Stats., liable in an inverse condemnation...
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