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BENNETT-BEIL v. VILLAGE OF HARTLAND

Civil Action No. 95-C-0910.

958 F.Supp. 407 (1997)

Jerelyn L. BENNETT-BEIL and Gordon H. Schubert, individually, and Kids Come First, Inc., a Wisconsin corporation, Plaintiffs, v. VILLAGE OF HARTLAND, Village Board, Village Planning Commission, and the following named individual Board and Planning Commission Members in their official and individual capacities: David Lamerand, Karen Compton, James Heinzelman, Kevin Nold, Joseph Burkard, Debbie Tio, Richard Landwehr, Pete Samens, Norm Hanson, Peter Chladil, James Bierman, and Merl Austin, Defendants.

United States District Court, E.D. Wisconsin.

April 8, 1997.

Attorney(s) appearing for the Case

John F, Fuchs, Fuchs, Finn, Snow & O'Connell, Milwaukee, WI, for Plaintiffs.

Charles H. Bohl, Ann M. Maher, Whyte Hirschboeck & Dudek, SC, Milwaukee, WI, Joseph D. McDevitt, Borgelt, Powell Peterson & Frauen, SC, Milwaukee, WI, for Defendants.

DECISION AND ORDER

REYNOLDS, District Judge.

The plaintiffs (jointly "Kids Come First") have sued the defendants (jointly "the Village"), alleging that the Village's zoning decisions violated 42 U.S.C. § 1983 and the Wisconsin Constitution. The Village has challenged the sufficiency of Kids Come First's complaint and has raised various immunity defenses. The Village asks the court either to dismiss the complaint under Fed. R.Civ.P. 12(b)(6) or to grant...

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