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TOWN OF MENASHA v. CITY OF MENASHA

Nos. 246, 247.

42 Wis.2d 719 (1969)

168 N.W.2d 161

TOWN OF MENASHA, Appellant, v. CITY OF MENASHA, Respondent. (Banta Annexation-No. 246, Schwarzbauer Annexation-No. 247.)

Supreme Court of Wisconsin.

Decided June 3, 1969.

Attorney(s) appearing for the Case

For the appellant there were briefs by George M. St. Peter and Steven P. Sager, attorneys, and St. Peter & Hauer of counsel, all of Fond du Lac, and oral argument by Mr. George M. St. Peter and Mr. Sager.

For the respondent there was a brief by Richard J. Steffens, city attorney, attorney, and Brady, Tyrrell, Cotter & Cutler and Richard W. Cutler of counsel, all of Milwaukee, and oral argument by Mr. Richard W. Cutler and Mr. Steffens.

HANLEY, J.

The town of Menasha contends the Schwarzbauer annexation is void for the following reasons:

(1) A prior annexation proceeding was commenced;

(2) A proper description of the property to be annexed was not served on the state of Wisconsin;

(3) The annexation petition was not signed by a sufficient number of property owners; and

(4) The city used improper pressure in promoting the annexation.

1. Prior Annexation Proceeding...

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