BLOOMING GROVE v. MADISON


275 Wis. 342 (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, 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.


FAIRCHILD, J.

Appellant raises a number of objections to the right of the town to bring this action. They are the same objections which appellant raised in Blooming Grove v. Madison, ante, p. 328, 81 N.W.2d 713, and are disposed of adversely to appellant in that decision.

It has been frequently assumed that an annexation would be invalid if it caused the portion of a town not previously included within a village or city to be divided into two or more...

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