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SCHMIDT v. CITY OF KENOSHA

No. 96-2380.

214 Wis.2d 527 (1997)

571 N.W.2d 892

John E. SCHMIDT (dismissed), Sandra K. Clausen, Gene A. Clausen, Marcia Thompson and Jeffrey C. Thompson, Plaintiffs-Appellants, v. CITY OF KENOSHA, Common Council, and City of Kenosha, a municipal corporation, Defendants-Respondents. Scott M. PEDERSON, Cynthia A. Pederson, Jeffrey Thompson and Marcia Thompson, Plaintiffs-Appellants, v. CITY OF KENOSHA, Common Council, and City of Kenosha, a municipal corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 29, 1997.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Gary W. Thompson of G.W. Thompson & Assoc. S.C. of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of James W. Conway, city attorney.

On behalf of the State of Wisconsin, there was a brief filed by James E. Doyle, attorney general, and Mary Woolsey Schlaefer, assistant attorney general.

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

BROWN, J.

Section 114.136, STATS., grants municipalities extraterritorial zoning power to ensure the safety of aerial approaches to airports. Pursuant to this statute, the City of Kenosha enacted such an ordinance. Certain landowners affected by the ordinance, but residing outside the corporate limits of the City, claim that § 114.136 unconstitutionally infringed upon their right to participate in the political process...

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