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WASHINGTON HEIGHTS S. DIST. v. EAU CLAIRE

No. 396.

64 Wis.2d 330 (1974)

219 N.W.2d 317

WASHINGTON HEIGHTS SANITARY DISTRICT, Appellant, v. CITY OF EAU CLAIRE, Respondent.

Supreme Court of Wisconsin.

Decided June 28, 1974.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Garvey, O'Brien, Anderson & Kelly, attorneys, and John D. Hibbard of counsel, all of Eau Claire.

For the respondent the cause was submitted on the brief of Frederick W. Fischer, city attorney.

CONNOR T. HANSEN, J.

The issue presented is whether the city has the right, under the facts presented, to install and maintain new sewer and water lines in an area within the sanitary district, but which had been annexed to the city and which did not have previous sewer service.

The "agreed statement of facts" reflects the following: The area concerns three lots annexed to the city. They abut Nimitz Street. The west one half of Nimitz Street is a city street...

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