Legal Opinion

Schmidt v. City of Kenosha

Court of Appeals of Wisconsin

Decided October 29, 1997No. 96-2380PublishedCited by 2 opinions

1Opinion of the CourtBrown, J.

Section 114.136, STATS., grants municipalities extraterritorial zoning power to ensure the safety of aerial approaches to airports. Pursuant to this statute, the City of Kenosha enacted such an ordinance. Certain landowners affected by the ordinance, but residing outside the corporate limits of the City, claim that § 114.136 unconstitutionally infringed upon their right to participate in the political process which culminated in the ordinance. We agree with the trial court, however, that the statute is a valid exercise of the state's police power which does not infringe upon the voting rights…

2Cases cited12 opinions

  1. Holt Civic Club v. City of TuscaloosaSupreme Court of the United States · 1978
  2. State Ex Rel. Hammermill Paper Co. v. La PlanteWisconsin Supreme Court · 1973
  3. State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
  4. State Ex Rel. Sonneborn v. SylvesterWisconsin Supreme Court · 1965
  5. Eggebeen v. SonnenburgWisconsin Supreme Court · 1941

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3Cited by2 opinions

  1. Bethke v. Lauderdale of La Crosse, Inc.Court of Appeals of Wisconsin · 2000
  2. Northwest Properties v. Outagamie CountyCourt of Appeals of Wisconsin · 1998

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