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GALUSKA v. KORNWOLF

No. 87-0242.

142 Wis.2d 733 (1987)

419 N.W.2d 307

Lucinda O. GALUSKA, Thomas Barker, Denise Barker, Doris Breutzman, R. Donald Breutzman, Casey Camielewski, Diane M. Collins, Paul F. Collins, Lawrence Galuska, Gary Gayhart, Norman E. Gibbs, Priscilla Gibbs, William Kiser, George Kolar, Mary E. Kolar, George Lindabauer, Marjorie Lindabauer, Janice McQuire, Michael McQuire, Eugene Moonen, Kathie A. Morgen, Paul D. Morgen, Robert Oberst, Curt Royce, Delphine Schwartz, Gerald J. Schwartz, Linda Skorupa, Dennis Sorenson, Clarence Williams and Dorothy Williams, Plaintiffs-Appellants, v. Dennis M. KORNWOLF, Racine County Clerk, and Robert L. Rohner, Racine County Sheriff, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 23, 1987.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the brief of Jeffrey R. Brodek of DeMark, Kolbe & Brodek, S.C. of Racine.

On behalf of the defendants-respondents, the cause was submitted on the brief of Joan M. Korb, assistant corporation counsel of Racine.

NETTESHEIM, J.

Wisconsin has a statute regulating sales by transient merchants, sec. 130.065, Stats. Residents of a subdivision near the Seven Mile Fair (collectively residents), appellants in this action, filed a mandamus action to compel the Racine county clerk to establish procedures for the issuance of such licenses and to compel the Racine County Sheriff to enforce the statute.1 As a defense to the residents'

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