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LAKE BLUFF HOUSING PART v. SOUTH MILWAUKEE

No. 94-1155.

197 Wis.2d 157 (1995)

540 N.W.2d 189

LAKE BLUFF HOUSING PARTNERS, a Wisconsin limited partnership, Plaintiff-Respondent, v. CITY OF SOUTH MILWAUKEE and Michael Vesperman, in his capacity as City Building Inspector, Defendants-Appellants-Petitioners.

Supreme Court of Wisconsin.

Decided November 20, 1995.

Attorney(s) appearing for the Case

For the defendants-appellants-petitioners there were briefs by Joseph G. Murphy, city attorney, and Murphy & Leonard, South Milwaukee and oral argument by Joseph G. Murphy.

For the plaintiff-respondent there was a brief by Alan Marcuvitz, Debra A. Slater and Weiss, Berzowski, Brady & Donahue, Milwaukee and oral argument by Alan Marcuvitz & Debra A. Slater.

Amicus curiae brief was filed by Curtis A. Witynski, Madison for the League of Wisconsin Municipalities.

ROLAND B. DAY, C.J.

This is a review of a published decision of the court of appeals affirming a judgment of the Circuit Court for Milwaukee County, John E. McCormick, Judge, granting a writ of mandamus ordering the City of South Milwaukee (the City) to issue a building permit to Lake Bluff Housing Partners (Lake Bluff). This case presents the following issue: may a court, through the exercise of discretion, resort to "equitable principles" to supply a "right" to...

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