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PARK 6 LLC v. CITY OF RACINE

No. 2011AP2282.

824 N.W.2d 903 (2012)

344 Wis.2d 661

2012 WI App 123

PARK 6 LLC and Thomas J. Holmes, d/b/a Park 6, Plaintiffs-Respondents, v. CITY OF RACINE, City of Racine Common Council, City of Racine Public Safety and Licensing Committee and Kurt Wahlen, Defendants-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed October 10, 2012.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Kenneth E. Rusch and Mark R. Hinkston of Dye, Foley, Krohn & Shannon, S.C. of Racine.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Vincent J. Bobot of Milwaukee.

Before BROWN, C.J., REILLY and GUNDRUM, JJ.

BROWN, C.J.

¶ 1 This case is about a liquor license revocation in which the city council acted upon a citizen complaint that was not sworn, as required by statute. This constituted a fundamental error that deprived the licensing committee of jurisdiction over the matter. Therefore, the subsequent revocation of the liquor license was invalid. We affirm the circuit court's order vacating the licensing committee's decision to revoke the liquor license.

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