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BUSSE v. CITY OF MADISON

No. 92-0038.

177 Wis.2d 808 (1993)

503 N.W.2d 340

Edward BUSSE, and Hovde Development Corp., a general partnership known as River Ridge Joint Venture, Plaintiffs-Appellants, v. CITY OF MADISON, a Municipal Corporation, Common Council for the City of Madison, a Municipal Corporation, George E. Austin, Secretary of the Madison Plan Commission, and Andre Blum, Madison City Clerk, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 17, 1993.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Bruce K. Kaufmann of Jenswold, Studt, Hanson, Clark & Kaufmann of Madison and orally argued by Bruce K. Kaufmann.

For the defendants-respondents the cause was submitted on the brief of Eunice Gibson, city attorney, and James M. Voss, assistant city attorney, of Madison and orally argued by James M. Voss.

Brief of amicus curiae was submitted on behalf of the Madison Audubon Society, Inc. by Kristine A. Euclide and Thomas G. Wilson of Stafford, Rosenbaum, Rieser & Hansen of Madison.

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

DYKMAN, J.

This is an appeal from an order affirming the City of Madison Common Council's rejection of the "River Ridge Run" revised preliminary plat. Because we conclude that the council's rejection was not arbitrary, unreasonable or discriminatory, we affirm.

BACKGROUND

River Ridge Joint Venture, a general partnership, purchased 198 acres of land from the Adult Christian Education Foundation, Inc. for the purpose of subdividing the land to provide...

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