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SCOTT v. MERRILL

16 Wis.2d 91 (1962)

TOWN OF SCOTT, Respondent, v. CITY OF MERRILL, Appellant.

Supreme Court of Wisconsin.

March 6, 1962.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by George G. Russell, city attorney.

For the respondent there was a brief by Schmitt, Wurster & Tinglum, attorneys, and Paul D. Hilton of counsel, all of Merrill, and oral argument by Mr. Hilton.

GORDON, J.

The gravamen of the complaint is the appellant's alleged "circumventing and evading the requirements of sec. 66.021 (11) (b) pertaining to annexation of areas of one square mile or more of territory." The defendant's demurrer to the complaint has squarely raised the issue whether it is lawful for a city to employ separate annexation proceedings of smaller areas in order to obviate the statutory requirement of applying to the circuit court for a determination...

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