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LAKE CITY CORP. v. CITY OF MEQUON

No. 94-3240.

199 Wis.2d 353 (1996)

544 N.W.2d 600

LAKE CITY CORPORATION, Plaintiff-Appellant, v. CITY OF MEQUON, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided January 17, 1996.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Alan Marcuvitz and Andrea Roschke of Weiss, Berzowski, Brady & Donahue of Milwaukee. There was oral argument by Andrea Roschke.

On behalf of the defendant-respondent, the cause was submitted on the brief of John L. DeStefanis and Donald L. Mabry of Prieve & Meyer, S.C. of Milwaukee. There was oral argument by John L. DeStefanis.

Before Anderson, P.J., Brown and Nettesheim, JJ.

BROWN, J.

The City of Mequon rejected Lake City Corporation's subdivision plat map because it conflicted with land use recommendations contained in the municipality's master plan. Lake City then sought certiorari review alleging that the plan commission had no authority to reject its plat on that ground. The trial court found that under § 236.13(1), STATS., these elements of Mequon's master plan could serve as the basis for the rejection. We conclude, however...

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