J & N Corp. v. City of Green Bay
Wisconsin Supreme Court
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
- Thomas Cusack Co. v. City of ChicagoSupreme Court of the United States · 1917
- Slome v. Chief of Police of FitchburgMassachusetts Supreme Judicial Court · 1939
- State ex rel. Ford Hopkins Co. v. Mayor of WatertownWisconsin Supreme Court · 1937
- People v. Arlen Service Stations, Inc.New York Court of Appeals · 1940
- 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
- Kmiec v. Town of Spider LakeWisconsin Supreme Court · 1973
- City of Milwaukee v. NelsonWisconsin Supreme Court · 1989
- State Ex Rel. B'nai B'rith Foundation of the United States v. Walworth County Board of AdjustmentWisconsin Supreme Court · 1973
- Village of West Milwaukee v. Area Board of Vocational, Technical & Adult EducationWisconsin Supreme Court · 1971
- Clark Oil & Refining Corp. v. City of TomahWisconsin Supreme Court · 1966
13 more not listed; retrieve them via the Exa API.