State ex rel. Bautz v. Harper
Wisconsin Supreme Court
Appeals from a judgment and an order of the circuit court for Milwaukee county: W. J. TurNEr, Circuit Judge. This is a mandamus action to compel the inspector of buildings of the city of Milwaukee to issue to Andrew J. Bautz a permit to erect a public garage on a certain lot in that city.
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Appeals from a judgment and an order of the circuit court for Milwaukee county: W. J. TurNEr, Circuit Judge. This is a mandamus action to compel the inspector of buildings of the city of Milwaukee to issue to Andrew J. Bautz a permit to erect a public garage on a certain lot in that city. The relator alleges that the lot in question is within the district defined in the Milwaukee city ordinances as the ■“business district” and that he purchased the lot with the indention of building a public garage on it; that while negotiating for the purchase of the property he caused inquiry to be made at…
1Opinion of the CourtSiebecKeb, J.
Sub. (d) of sec. 414 of the code of ordinances of the city of Milwaukee provides: “Where two-thirds of the lots fronting on one street in any block in the city of Milwaukee not within the business section are occupied by buildings devoted to residence purposes,” then no-garage shall be erected on any lot in such block on such street. The trial court held that under the provision of this ordinance the building inspector is not justified in his refusal to grant the relator the permit applied for. The evidence shows that there are twelve lots fronting on Layton boulevard on the east side of the…
2Cases cited9 opinions
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- Lowe v. ConroyWisconsin Supreme Court · 1904
- Neu v. VoegeWisconsin Supreme Court · 1897
- People Ex Rel. Aspinwall v. Supervisors of RichmondNew York Court of Appeals · 1863
- Dane v. DerbySupreme Judicial Court of Maine · 1866
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Schroeder v. SchoessowWisconsin Supreme Court · 1982
- State ex rel. Thompson v. Board of School DirectorsWisconsin Supreme Court · 1923
- Wasserman v. City of KenoshaWisconsin Supreme Court · 1935
- Gormally v. CannonSupreme Court of Rhode Island · 1978
- Corrao v. MortierWisconsin Supreme Court · 1959
3 more not listed; retrieve them via the Exa API.