State Ex Rel. Schroedel v. Pagels

Three questions are raised upon this appeal:

1. Did the trial court err in overruling appellant’s demurrer ore terms?

2. Did the trial court err in adjudging that relator’s plans are in compliance with sec. 9.12 (5) of the village code?

3. Did the trial court err in adjudging that the relator had a vested right as against the rezoning ordinance ?

Upon the hearing of the return to the writ the appellant entered a demurrer ore tenus.

The petition of the relator as originally drawn failed to set out that the ordinance of the village of Whitefish Bay imposed a duty upon the building inspector to issue…