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FLOAT-RITE PARK, INC. v. VILLAGE OF SOMERSET

No. 00-1610.

244 Wis.2d 34 (2001)

2001 WI App 113

629 N.W.2d 818

FLOAT-RITE PARK, INC., Plaintiff-Appellant, William MAGNUSON, Plaintiff-Co-Appellant, v. VILLAGE OF SOMERSET, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided April 3, 2001.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant and plaintiff-co-appellant, the cause was submitted on the briefs of Matthew A. Biegert of Doar, Drill & Skow, S.C. of New Richmond.

On behalf of the defendant-respondent, the cause was submitted on the brief of Timothy A. Yanacheck of Law Offices of Stilp & Cotton of Madison.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. CANE, C.J.

Float-Rite Park, Inc. and one of its patrons, William Magnuson (collectively, Float-Rite), appeal from orders dismissing their actions seeking a declaration that a Village of Somerset ordinance provision is unconstitutional. The sole issue is whether the provision, which allows law enforcement and others to enter the premises of licensed innertube rental businesses, is unconstitutional on its face. Because the ordinance is in harmony with accepted...

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