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MERKEL v. VILLAGE OF GERMANTOWN

No. 97-3347.

218 Wis.2d 572 (1998)

581 N.W.2d 552

James MERKEL and Carlton Martin, Plaintiffs-Appellants, v. VILLAGE OF GERMANTOWN and Village of Germantown Board of Trustees, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 8, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the brief of Roger C. Pyzyk of West Allis.

On behalf of the defendants-respondents, the cause was submitted on the brief of Daniel L. Sargeant of Schloemer, Alderson, Spella & Muehlbauer, S.C. of West Bend.

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

ANDERSON, J.

James Merkel and Carlton Martin appeal from an order dismissing their petition for a writ of certiorari and reversing and remanding the matter back to the Village of Germantown Zoning Board (hereinafter Board). The trial court did not consider the issue raised in the certiorari petition—whether the land area calculations as represented by the seven protest petitions complied with the 20% requirement...

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