Boerschinger v. Elkay Enterprises, Inc.

We are satisfied the action is ripe for determination under the Declaratory Judgments Act, sec. 269.56, Stats. The town government is required to follow the statute under which the legislature has granted it power to zone. Sec. 62.23 (7), under which the town of Bellevue enacted its zoning ordinance, provides at sub. (b) as follows:

“ (b) Districts. For any and all of said purposes the council may divide the city into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this section; and within such districts it may regulate and restrict the…