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IN RE VILLAGE OF BROWN DEER

267 Wis. 481 (1954)

IN RE INCORPORATION OF VILLAGE OF BROWN DEER: WHITEN and others, Appellants, vs. CITY OF MILWAUKEE and others, Respondents.

Supreme Court of Wisconsin.

October 5, 1954.

Attorney(s) appearing for the Case

For the appellants there was a brief by Bloodgood & Passmore and John P. Roemer, all of Milwaukee, and oral argument by Mr. Roemer.

For the respondents there was a brief by Walter J. Mattison, city attorney, and Richard F. Maruszewski, assistant city attorney, and oral argument by Mr. Maruszewski.

BROADFOOT, J.

A proceeding for the incorporation of a village and a proceeding for the annexation of adjacent territory to a city are governed by statute. Conflicts have arisen in the past as to which proceeding has precedence. The general rule is stated in the case of In re Incorporation of Village of St. Francis, 208 Wis. 431, 436, 243 N. W. 315, as follows:

"Where the two proceedings are begun about the same time and in good faith, undoubtedly some...

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