Wisconsin Supreme Court January 18, 2012, No. 2011AP663 (Guse v. City of New Berlin)

BROWN, C.J.

¶ 1. The Common Council of the City of New Berlin rejected Richard and Clara Guse's application to divide their property into two lots based on New Berlin Municipal Code (NBMC) § 235-26(G),1 which allows the Council to prohibit new lots that are smaller than or not as wide as lots in existing subdivisions, or when the existing subdivision is more than twenty-five years old.