GRAND VIEW SCHOOL DIST. v. CITY OF MILWAUKEE


4 Wis.2d 76 (1958)

GRAND VIEW SCHOOL DISTRICT No. 15 and another, Appellants, vs. CITY OF MILWAUKEE and another, Respondents.

Supreme Court of Wisconsin.

May 6, 1958.


Attorney(s) appearing for the Case

For the appellants there were briefs by Erwin V. Novotny, attorney, and Richard L. Novotny of counsel, both of Milwaukee, and oral argument by Richard L. Novotny.

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


BROWN, J.

We consider the learned trial court erred. Brown Deer v. Milwaukee (1956), 274 Wis. 50, 79 N.W.2d 340, determined that the proceeding for consolidation or annexation first instituted has priority, regardless of which is first completed or effective. In that case, as in the present one, the annexation was first commenced and the consolidation first completed. In Brown Deer, supra, we held that the consolidation...

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