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INTERNATIONAL PAPER CO. v. FOND DU LAC

No. 100.

50 Wis.2d 529 (1971)

184 N.W.2d 834

INTERNATIONAL PAPER COMPANY and others, Respondents, v. CITY OF FOND DU LAC, Appellant.

Supreme Court of Wisconsin.

Decided March 30, 1971.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Henry B. Buslee, city attorney.

For the respondents there was a brief by Whyte, Hirschboeck, Minahan, Harding & Harland, attorneys, and Richard C. Ninneman of counsel, all of Milwaukee, for the International Paper Company; and by Edgarton & Hobbs, attorneys, and Thomas L. Massey of counsel, all of Fond du Lac, for the Ralston-Purina Company; and by St. Peter & Hauer, attorneys, and George M. St. Peter of counsel, all of Fond du Lac, for the town of Fond du Lac and Town Sanitary District No. 1, and oral argument by Mr. Ninneman, Mr. Massey, and Mr. Albert J. Hauer.

HALLOWS, C. J.

The validity of the annexation turns on whether the ownership of public streets should be included or excluded in determining whether the petition is signed by the owners of one half of the land in the area.

The property sought to be annexed is situated generally along the southwestern boundary of the city of Fond du Lac and is composed of 91.091 acres, of which 5.687 acres constitute streets. Of these streets, the city owns 1.875 acres and...

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