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TEE & BEE, INC., v. CITY OF WEST ALLIS

No. 96-2143.

214 Wis.2d 194 (1997)

571 N.W.2d 438

TEE & BEE, INC., Plaintiff-Appellant, v. CITY OF WEST ALLIS, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided October 14, 1997.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Jeff Scott Olson of Madison, and Percy L. Julian, Jr. of Julian & Associates, S.C., of Madison, with oral argument by Jeff Scott Olson.

On behalf of the defendant-respondent, the cause was submitted on the brief of Michael J. Sachen, city attorney, and Scott E. Post, assistant city attorney, of West Allis, with oral argument by Scott E. Post.

Before Wedemeyer, P.J., Fine and Curley, JJ.

CURLEY, J.

Tee & Bee, Inc., appeals from a trial court order affirming the West Allis Common Council's denial of an operating license for their adult-oriented business. Tee & Bee argues that the City of West Allis did not "opt out" of § 68.11(2), STATS., and that, consequently, the Common Council's review of its own initial determination violated § 68.11(2). We agree and make the following conclusions...

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