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WEBER v. TOWN OF LINCOLN

No. 89-2207.

159 Wis.2d 144 (1990)

463 N.W.2d 869

Gerald WEBER, and James Steinwagner, Plaintiffs-Appellants, Peter WEBER, Wayne Rasmussen, Bruce Rieth, and David Scheider, Plaintiffs, v. TOWN OF LINCOLN, a municipal corporation, Frank Vietschegger, Chairman of the Town of Lincoln, and Town Board Members: Leonard Schreiner, Robert Eckes, Andrew Vell, John Binder, and Arvin Podevels, Town Clerk, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 8, 1990.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the brief of Frank L. Nikolay of Nikolay, Jensen, Scott, Gamoke & Grunewald, S.C. of Colby.

For the defendants-respondents the cause was submitted on the brief of Dennis A. Juncer of Stauber & Juncer, Lawyers, Chartered of Marshfield.

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

SUNDBY, J.

In this appeal, we decide that residents of a town have standing to maintain a declaratory judgment action to determine whether the town board's attempt to repeal the town zoning ordinance was effective. We therefore reverse the circuit court's order dismissing the action.

On January 7, 1980, the town board of the Town of Lincoln adopted a zoning ordinance. By town board action on April 29, 1981, and June 20, 1981, the town board purported to repeal...

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