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OLIVEIRA v. CITY OF MILWAUKEE

No. 98-2474.

233 Wis.2d 532 (2000)

2000 WI App 49

608 N.W.2d 419

Rosemary K. OLIVEIRA and Shawnette J. Smart, Plaintiffs-Appellants, Robert E. KLAVETTER, Plaintiff, v. CITY OF MILWAUKEE and American Stores Properties, Inc., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided February 8, 2000.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Joseph R. Cincotta of Schweitzer & Cincotta, LLP, of Milwaukee. There was oral argument by Joseph R. Cincotta.

On behalf of the defendant-respondent City of Milwaukee, the cause was submitted on the brief of Grant F. Langley, city attorney, and Thomas O. Gartner, assistant city attorney. There was oral argument by Thomas O. Gartner.

On behalf of the defendant-respondent American Stores Properties, Inc., the cause was submitted on the brief of Ralph A. Weber and Bruce T. Block of Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C., of Milwaukee. There was oral argument by Ralph A. Weber.

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

¶ 1. FINE, J.

Rosemary K. Oliveira and Shawnette J. Smart appeal from the trial court's dismissal of their action seeking declaratory and injunctive relief under WIS. STAT. § 806.04 in connection with their opposition to the rezoning of land in the city of Milwaukee to accommodate a store built by American Stores Properties, Inc. Oliveira and Smart live, and Smart owns a business, near the development. Oliveira and Smart claim that: the Milwaukee Common...

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