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ETERNALIST FOUNDATION v. CITY OF PLATTEVILLE

No. 98-1944.

225 Wis.2d 759 (1999)

593 N.W.2d 84

ETERNALIST FOUNDATION, INC., and Rev. Dr. Reza Rezazadeh, Plaintiffs-Appellants, v. CITY OF PLATTEVILLE, City Manager Al Probst, City Council Members (December 11, 1990, Meeting): Patricia Plourde, Andrew Burris, Joseph Lawinger, Merlin Mellor, William Dolan, and City Council Members (May 12, 1996): Kenneth Kilian and Eileen Nickels, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 18, 1999.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Burt P. Natkins of Natkins Law Office of Oregon.

On behalf of the defendants-respondents, the cause was submitted on the brief of Bradley D. Armstrong, Steven A. Brezinski and Rita M. Knauss of Axley Brynelson, LLP of Madison.

Before Eich, Vergeront and Deininger, JJ.

DEININGER, J.

The Eternalist Foundation, a religious non-profit corporation, and Rev. Dr. Reza Rezazadeh, one of its founders, appeal a summary judgment granted in favor of the City of Platteville and several city officials.1 The Foundation sued the City, alleging that the City's zoning decisions violated the Foundation's rights under the federal and state constitutions. The City moved to dismiss...

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