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STATE EX REL. SKELLY OIL CO. v. COMMON COUNCIL

No. 320.

58 Wis.2d 695 (1973)

207 N.W.2d 585

STATE EX REL. SKELLY OIL COMPANY and others, Appellants. v. COMMON COUNCIL, CITY OF DELAFIELD, Respondent.

Supreme Court of Wisconsin.

Decided June 5, 1973.

Attorney(s) appearing for the Case

For the appellants there was a brief by Zafis, Rummel & Cahill and A. J. Zafis, all of Oconomowoc, and oral argument by A. J. Zafis.

For the respondent there was a brief by Lowry, Hunter & Tikalsky and Thomas E. Anderson, all of Waukesha, and oral argument by Mr. Anderson.

HANLEY, J.

Three issues are presented on this appeal.

1. May the common council of a city properly retain the power to pass on whether conditional uses will be granted;

2. Was the denial of the conditional use invalid because two of the voting members of the plan commission also took part and voted in the review by the common council; and

3. Did certain of the procedures followed by the plan commission and common council deny petitioners a...

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