State Ex Rel. Skelly Oil Co. v. Common Council

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 fair hearing ?

Retention of power by common council.

The Delafield zoning ordinances provide that no use of a building or premises classified as a conditional use shall be…