Legal Opinion

J & N Corp. v. City of Green Bay

Wisconsin Supreme Court

Decided November 2, 1965PublishedCited by 18 opinions

1Opinion of the Court

*589Wilkie, J.

There are two issues presented on this appeal:

First, is Green Bay ordinance sec. 16.18 (2) (i) discriminatory as to gasoline stations and therefore unconstitutional ?

Second, is sec. 16.18 (2) (i) unconstitutional because it operates as an ex post facto law ?

Discriminatory Effect.

It is elementary that an ordinance is presumed to be constitutional and that the attacking party must establish its invalidity beyond a reasonable doubt.1 If there is any reasonable basis for its enactment, the ordinance must be sustained.2 Furthermore, this court will not interfere with a municipality’s…

2Cases cited9 opinions

  1. Thomas Cusack Co. v. City of ChicagoSupreme Court of the United States · 1917
  2. Slome v. Chief of Police of FitchburgMassachusetts Supreme Judicial Court · 1939
  3. State ex rel. Ford Hopkins Co. v. Mayor of WatertownWisconsin Supreme Court · 1937
  4. People v. Arlen Service Stations, Inc.New York Court of Appeals · 1940
  5. Cream City Bill Posting Co. v. City of MilwaukeeWisconsin Supreme Court · 1914

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

3Cited by18 opinions

  1. Kmiec v. Town of Spider LakeWisconsin Supreme Court · 1973
  2. City of Milwaukee v. NelsonWisconsin Supreme Court · 1989
  3. State Ex Rel. B'nai B'rith Foundation of the United States v. Walworth County Board of AdjustmentWisconsin Supreme Court · 1973
  4. Village of West Milwaukee v. Area Board of Vocational, Technical & Adult EducationWisconsin Supreme Court · 1971
  5. Clark Oil & Refining Corp. v. City of TomahWisconsin Supreme Court · 1966

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

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