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SMITH v. CITY OF MILWAUKEE

No. 2013AP2599.

854 N.W.2d 857 (2014)

2014 WI App 95

Robert F. SMITH, d/b/a Mixx Night Club, Petitioner-Respondent, v. CITY OF MILWAUKEE and James R. Owczarski, City Clerk, Respondents-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed August 26, 2014.

Attorney(s) appearing for the Case

On behalf of the respondents-appellants, the cause was submitted on the briefs of Grant Langley , city attorney, and Adam B. Stephens , assistant city attorney.

On behalf of the petitioner-respondent, the cause was submitted on the brief of David Ziemer of Glendale, and Vincent J. Bobot of Milwaukee.

Before CURLEY, P.J., FINE and KESSLER, JJ.

CURLEY, P.J.

¶ 1 The City of Milwaukee appeals the judgment vacating the decision of the City of Milwaukee Common Council not to renew Robert F. Smith's Class B tavern license for Mixx Night Club. After the City decided not to renew Smith's license, the trial court — reviewing the nonrenewal decision de novo, pursuant to Nowell v. City of Wausau, 2012 WI App 100, 344 Wis.2d 269,

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