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NOWELL v. CITY OF WAUSAU

No. 2011AP1045.

838 N.W.2d 852 (2013)

2013 WI 88

Thomas D. NOWELL and Suporn Nowell, d/b/a IC Willy's, LLC, Plaintiffs-Appellants, v. CITY OF WAUSAU, Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided November 6, 2013.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner, there were briefs by Shane J. Vander-Waal and Pietz, VanderWaal, Stacker & Rottier, S.C., Wausau, and Anne Jacobson , Wausau city attorney, and oral argument by Shane J. VanderWaal and Anne Jacobson .

For the plaintiffs-appellants, there was a brief by Ryan D. Lister , Wausau, and oral argument by Ryan D. Lister .

An amicus curiae brief was filed by Grant F. Langley , Milwaukee city attorney; Adam B. Stephens , Milwaukee assistant city attorney; Michael May , Madison city attorney; Roger Allen , Madison assistant city attorney; Robert Weber , Racine city attorney; and Nicole Loop , Racine assistant city attorney, on behalf of the cities of Milwaukee, Madison and Racine.

An amicus curiae brief was filed by Daniel M. Olson , Madison, on behalf of the League of Wisconsin Municipalities.

ANN WALSH BRADLEY, J.

¶ 1 The Petitioner, City of Wausau, seeks review of a published court of appeals decision that reversed a judgment entered by the circuit court affirming the City's decision not to renew Thomas and Suporn Nowell's Class B alcohol license.1 The court of appeals determined that the circuit court had employed an incorrect standard of review.

¶ 2 The City...

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