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BLOOMING GROVE v. MADISON

275 Wis. 328 (1957)

TOWN OF BLOOMING GROVE, Respondent, vs. CITY OF MADISON, Appellant.

Supreme Court of Wisconsin.

March 5, 1957.

Attorney(s) appearing for the Case

For the appellant there were briefs by Harold E. Hanson, city attorney, and Leon E. Isaksen, special counsel, attorneys, and Thomas, Orr, Isaksen & Werner and Trayton L. Lathrop, all of Madison of counsel, and oral argument by Mr. Hanson, Mr. Leon E. Isaksen, and Mr. Lathrop.

For the respondent there was a brief and oral argument by Earl I. Cooper, attorney, and William J. P. Aberg and Paul C. Gartzke of counsel, all of Madison.

WINGERT, J.

At the outset we confront a number of preliminary and procedural objections to the propriety of deciding the case on the merits, which are advanced by the city. We consider, as did the circuit judge, that none of them is well taken and that the merits are properly before us. On the merits, we hold that the annexation ordinance is void because of failure to comply with the requirements of sec. 62.07 (1) (b), Stats. 1953, relating to publication of the proposed...

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