Pera v. Village of Shorewood
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. The village of Shorewood, located in Milwaukee county, passed an ordinance pursuant to sec. 61.35, Stats. 1919, dividing it into residence and business districts. Plaintiff owned property located on one of the principal business streets of the village and less than a block from present business buildings.
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Appeal from an order of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. The village of Shorewood, located in Milwaukee county, passed an ordinance pursuant to sec. 61.35, Stats. 1919, dividing it into residence and business districts. Plaintiff owned property located on one of the principal business streets of the village and less than a block from present business buildings. By the provisions of the ordinance his property was left in a residence district where business of practically all kinds was prohibited. Pursuant to sub. (4) of the statute mentioned he filed a…
1Opinion of the CourtVinje, J.
The only question raised by the plaintiff on his appeal is the constitutionality of sec. 61.35, Stats., delegating the power to the village to pass an ordinance dividing the village into districts.. He claims it is unconstitutional for various reasons. Upon the state of the record and the statute referred to we cannot pass upon the question -raised. When plaintiff filed his claim with the village for compensation for damages caused by the districting of the village he asserted the validity of the ordinance, though the claim as filed contained this statement:
“This claim is submitted and filed…
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