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TOWN OF BROOKFIELD v. CITY OF BROOKFIELD

274 Wis. 638 (1957)

TOWN OF BROOKFIELD, Respondent, vs. CITY OF BROOKFIELD, Appellant.

Supreme Court of Wisconsin.

February 5, 1957.

Attorney(s) appearing for the Case

For the appellant there were briefs by Richard W. Cutler, city attorney, T. L. Tolan, Jr., assistant city attorney, and Albert M. Witte of Milwaukee, and Wood, Warner, Tyrrell & Bruce of Milwaukee of counsel, and oral argument by Mr. Cutler.

For the respondent there was a brief and oral argument by Clayton A. Cramer of Waukesha.

A brief was filed by Harold H. Fuhrman, village attorney for the village of Brown Deer, attorney, and Wickert & Fuhrman of counsel, all of Milwaukee, as amicus curiae.

A brief was filed by Walter J. Mattison, city attorney of Milwaukee, and Richard F. Maruszewski and John F. Cook, assistant city attorneys, as amicus curiae.

BROADFOOT, J.

The territory sought to be annexed consisted of about 1,850 acres and the town alleged that about 1,600 acres thereof was, on the date of the petition for annexation, composed of agricultural lands. There were 120 electors residing within the area. The petition for annexation contained the names of 63 of said electors, and was filed April 1, 1955. After filing, the proposed annexation ordinance was introduced in the city council and ordered published...

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