TELLURIAN U.C.A.N., INC. v. GOODRICH

No. 91-1417.

178 Wis.2d 205 (1993)

504 N.W.2d 342

TELLURIAN U.C.A.N., INC., Plaintiff-Appellant, v. Patricia GOODRICH, Secretary of the State of Wisconsin Department of Health & Social Services, and Village of Marshall, Wisconsin, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 10, 1993.


Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the brief of Beth Pepper and Ira A. Burnim of Judge David L. Bazelon Center for Mental Health Law of Washington, D.C., and Lee C. Erlandson, of Miller, Ramsell, Erlandson & Bochniak of Madison.

For the defendant-respondent, Patricia Goodrich, Secretary of the Wisconsin Department of Health and Social Services, the cause was submitted on the brief of James E. Doyle, attorney general, with Laura Dulski, assistant attorney general.

For the defendant-respondent, Village of Marshall, the cause was submitted on the brief of Bradley D. Armstrong and Michael J. Modl of Axley Brynelson of Madison.

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


GARTZKE, P.J.

Tellurian U.C.A.N., Inc. appeals from a judgment dismissing its complaint against the Village of Marshall and Patricia Goodrich, Secretary of the Department of Health and Social Services. Tellurian proposes to purchase and operate a house in the village as a group home for mentally ill persons. Section 62.23(7)(i)1., Stats., provides that such a group home may not be located within 2,500 feet of another like home, but the municipality may grant an exception...

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