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SLUGGY'S LAKE FRONT INN, INC. v. DELAVAN

No. 84-879.

125 Wis.2d 199 (1985)

372 N.W.2d 174

SLUGGY'S LAKE FRONT INN, INC., "Dewey & Dees," James Rossato, Eugene Lynn, "Ralph's Steak House," Jade Gardens, Inc., "Jade Gardens," King Yan Tso, Ramada-Delavan, Inc., "Lake Lawn Lodge," Ramada Delavan, Inc., "Lake Lawn Lodge Club House," J. Phillip Reader, Joey Mic-Enterprises, Inc., "The Waterfront," James E. Schoole, Clowns of Delavan, Inc., "Clowns," Linda I. Petrone, Marsicano Enterprises, Inc., "The Village Supper Club," Nicholas Marsicano, Frederick Blackman, "Wayside Inn," Carol J. Wehrwein, "Pirates Cove," Scope, Inc., "The In Between," George L. Holmberg, Emory W. Carlson, "Harbor Inn," Esquire Lounge, Inc., "Esquire Lounge," James G. Skizas, Raymond J. Schulz, "The Firehouse," Peek Inn Corporation, "Peek Inn," James E. Havlovic, Richard W. Fieller, Jr., "Trickys," Theodore Bender, "Home," Harlan G. Seaver, "Harlans," Mohr of the Wagon Wheel, Inc., Thomas R. Mohr, Richard C. Bogart, "Bogarts Hi Way Liquor," Joan E. Brown & Richard J. Brown, "Browns Market & Liquor," Plaintiffs-Appellants, v. TOWN OF DELAVAN, a Wisconsin municipal corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 22, 1985.

Attorney(s) appearing for the Case

For the plaintiffs-appellants, there were briefs and oral argument by Randall G. Leece of Sweet & Leece, of Elkhorn. DeWitt, Sunby, Huggett, Schumacher & Morgan, S.C., Peter A. Peshek and Judy A. Derouin of counsel on reply brief.

For the defendant-respondent, there was a brief and oral argument by Steven R. Wassel of Wassel & Kilkenny, of Delavan.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

SCOTT, C.J.

Sluggy's Lake Front Inn, Inc. and numerous other establishments (Sluggy's) appeal from a judgment dismissing their complaint and denying their motion for summary judgment. On appeal, Sluggy's argues that the trial court erred in determining that the town of Delavan's increase in liquor licensing fees was a proper exercise of police power. We originally certified this case to the Wisconsin Supreme Court for its consideration. That court denied our request...

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