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BRAZEAU v. DHSS

No. 89-1347.

154 Wis.2d 752 (1990)

454 N.W.2d 32

Lloyd BRAZEAU, Petitioner-Appellant, v. DEPARTMENT OF HEALTH & SOCIAL SERVICES, City of Green Bay, and Darlene Radzinski, Respondents.

Court of Appeals of Wisconsin.

Decided February 20, 1990.

Attorney(s) appearing for the Case

For petitioner-appellant there were briefs submitted by Thomas P. Godar and John D. Wilson of Michael, Best & Friedrich of Madison.

For respondent, Department of Health & Social Services, there was a brief submitted by Donald J. Hanaway, attorney general, and Donald P. Johns, assistant attorney general.

For respondent, City of Green Bay, there was a brief submitted by Timothy J. Kelley, city attorney, Green Bay.

For respondent, Darlene Radzinski, there was a brief submitted by William Hinkfuss of Hinkfuss, Sickel, Petitjean & Long of Green Bay.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

Lloyd Brazeau appeals a judgment and an order that denied his petition for declaratory judgment and permanent injunction. Brazeau sought to bar Darlene Radzinski from opening a new community based residential facility for the elderly "adjacent" to his community based residential facility for the elderly. The Wisconsin Department of Health and Social Services and the City of Green Bay have respectively granted Radzinski an operating license and zoning permit...

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