State Ex Rel. Miller v. Mander

2 Wis.2d 365, 86 N.W.2d 469 (1957)

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Nature of the Case

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Facts

Pursuant to Wisconsin's 'Map Law,' the city of Green Bay adopted a map of the city by ordinance. The map showed both existing and proposed streets, highways, parkways, parks and playgrounds. Miller (P) purchased a large tract of land within the city. He applied for a permit to use a portion of it as a drive-in lunch stand. The building inspector (D) denied the permit because the proposed building was to be located in a street bed. In denying the permit, D was acting pursuant to a section of the map law which provided that, 'for the purpose of preserving the integrity of such official map, no permit shall be issued for any building in the bed of any street... If the land within such mapped street...is not yielding a fair return, the board of appeals...shall have power...to grant a permit for a building in such street...which will as little as practicable increase the cost of opening such street...or tend to cause a change of such official map; and such board may impose reasonable requirements as a condition of granting such permit, which requirements shall be designated to promote the health, convenience, safety or general welfare of the community. Such board shall refuse a permit where the applicant will not be substantially damaged by placing his building outside the mapped street...' P appealed the denial of his permit application, challenging the constitutionality of the map law. The denial of the permit was affirmed. P appeals.