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BLOOMING GROVE v. MADISON

9 Wis.2d 443 (1960)

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

Supreme Court of Wisconsin.

March 8, 1960.

Attorney(s) appearing for the Case

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

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.

CURRIE, J.

The controlling statute is sec. 62.07 (1), Stats. 1953. The material portion of such statute reads as follows:

"Territory adjacent to any city may be annexed to such city in the manner following:

"(a) A petition therefor shall be presented to the council 1. signed by a majority of the electors in such adjacent territory and by the owners of one half of the real estate within the limits of the territory...

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