Legal Opinion

State ex rel. Carter v. Harper

Wisconsin Supreme Court

Decided December 11, 1923PublishedCited by 134 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. Mandamus to compel the issuance of a building permit. The relator is in the wholesale and retail milk and dairy products business in the city of Milwaukee. In September, 1919, he purchased a lot and erected thereon a building which he is using as a dairy and milk pasteurizing plant.

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Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. Mandamus to compel the issuance of a building permit. The relator is in the wholesale and retail milk and dairy products business in the city of Milwaukee. In September, 1919, he purchased a lot and erected thereon a building which he is using as a dairy and milk pasteurizing plant. During the summer of 1921 he found that his business had outgrown the capacity of his plant to such an extent that it became impossible for him to conduct his business in said building in accordance with city and state…

1Opinion of the Court

Owén, J.

The so-called zoning ordinance of the city of Milwaukee establishes within said city four classes of use districts designated: residence districts, local business districts, commercial and light manufacturing districts, and industrial districts. Relator’s property is within a residence district. The ordinance then prescribes the uses to which property within the districts so created may be devoted. The present use of relator’s property does not conform to the use permitted by the ordinance in residence districts. The ordinance further provides that no building within a residence…

2Cases cited28 opinions

  1. Munn v. IllinoisSupreme Court of the United States · 1877
  2. Hadacheck v. SebastianSupreme Court of the United States · 1915
  3. Noble State Bank v. HaskellSupreme Court of the United States · 1911
  4. Thurlow v. MassachusettsSupreme Court of the United States · 1847
  5. Camfield v. United StatesSupreme Court of the United States · 1897

23 more not listed; retrieve them via the Exa API.

3Cited by134 opinions

  1. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  2. Miller v. Board of Public Works of Los AngelesCalifornia Supreme Court · 1925
  3. Agricultural Labor Relations Board v. Superior CourtCalifornia Supreme Court · 1976
  4. Matter of Wulfsohn v. BurdenNew York Court of Appeals · 1925
  5. Cady v. City of DetroitMichigan Supreme Court · 1939

129 more not listed; retrieve them via the Exa API.

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