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TOWN OF WAYNE v. BISHOP

No. 95-2387.

210 Wis.2d 218 (1997)

565 N.W.2d 201

TOWN OF WAYNE, Plaintiff-Respondent, v. Daniel L. BISHOP, Mark Phillips and Special Souvenirs, Inc., Defendants-Appellants, Richard A. CASSEL, Sr. and Scott Pecor, d/b/a Cassel-Pecor Investments, Defendants.

Court of Appeals of Wisconsin.

Decided April 16, 1997.

Attorney(s) appearing for the Case

For the defendants-appellants, the cause was submitted on the briefs of Percy L. Julian, Jr., of Julian, Olson & Lasker, S.C., of Madison and Jeff Scott Olson of Madison.

For the plaintiff-respondent, the cause was submitted on the briefs of H. Stanley Riffle of Arenz, Molter, Macy & Riffle, S.C., of Waukesha.

Before Brown, Nettesheim and Anderson, JJ.

BROWN, J.

The primary issue in the case relates to the Town of Wayne's attempt to prosecute adult bookstore operators for zoning and building occupancy code violations. All told, the circuit court imposed civil forfeitures of over $80,000. The defendants argued that the Town impermissibly restricted their free speech rights when it changed the substantive zoning code to make it impossible for the defendants to get the otherwise...

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