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ACEVEDO v. CITY OF KENOSHA

No. 2010AP70.

793 N.W.2d 500 (2010)

2011 WI App 10

Linda ACEVEDO, Plaintiff-Appellant, v. CITY OF KENOSHA, Defendant-Respondent, City of Kenosha Zoning Board of Appeals, Defendant.

Court of Appeals of Wisconsin.

Opinion Filed December 22, 2010.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Aaron N. Halstead and David C. Zoeller of Hawks Quindel, S.C., Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of William K. Richardson , assistant city attorney of Kenosha.

Before NEUBAUER, P.J., ANDERSON and REILLY, JJ.

ANDERSON, J.

¶ 1 On September 23, 2009, Linda Acevedo filed a certiorari action in Kenosha county circuit court. The action named only the City of Kenosha as the defendant. The City moved to dismiss Acevedo's lawsuit on the basis that the action failed to state a claim for which relief could be granted. In particular, the City argued that Acevedo's claim should have been against the City of Kenosha Zoning Board of Appeals, which, the City contends, is a separate...

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