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51 / 52

for

No.

2006AP450.ssa

Town's

arguments

use

only zone"

in the "permit

describes and the

a relation between the public health, safety,

morals

or

general

welfare.

10

The

court

has

not

independently 6. The

found support for the ordinance.

majority

opinion

does

not

determine

the

constitutionality of ordinances of other communities similar to the Town of Rhine's ordinance at issue in the

instant case. individually relation to to the

Each such ordinance has to determine whether it bears a public health, safety, morals

be examined substantial or general

welfare. similar to

In other words, that of the Town

the validity of of Rhine's shall

an ordinance be determined

on case-by-case basis, construed in favor of the

with the ordinance liberally municipality and entitled to a

presumption in ¶75 I concur the reasons set

favor of its validity. in the court's mandate forth. 11

but

write

separately

10

See, e.g., majority op. ¶¶2, 65.

11

See, e.g., majority op. ¶54 n.23.

4

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