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IN RE CITY OF BELOIT

37 Wis.2d 637 (1968)

In the matter of the petition of the city of Beloit for a determination that annexation to said city of territory described in an annexation ordinance enacted by said city on February 6, 1967, is in the public interest: CITY OF BELOIT, Respondent, v. TOWN of BELOIT and others, Intervenors-Appellants.

Supreme Court of Wisconsin.

January 30, 1968.

Attorney(s) appearing for the Case

For the appellants there were briefs by Richard W. Cutler and Samuel J. Recht, both of Milwaukee, attorneys, and Brady, Tyrrell, Cotter & Cutler of Milwaukee; Garrigan, Keithley, O'Neal, Dobson & Elliott of Beloit; Campbell, Brennan, Steil & Ryan of Janesville; and Caskey & Collins of Beloit, of counsel, and oral argument by Richard W. Cutler.

For the respondent there was a brief by Samuel B. Loizzo, city attorney, and Orr, Isaksen, Werner, Lathrop & Heaney of Madison, special attorneys, and oral argument by Trayton L. Lathrop.

HALLOWS, C. J.

The facts are simple and undisputed. On February 6, 1967, the city council of the city of Beloit enacted an ordinance under sec. 66.021, Stats., for the annexation to the city of certain lands situated in the towns of Beloit, Rock, Turtle, and La Prairie. Since the area annexed was in excess of one square mile, the city was required by sec. 66.021 (11) (b) to immediately petition the circuit court for a determination that the annexation was in the public...

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