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TOWN OF BLOOMING GROVE v. CITY OF MADISON

No. 601 (1974).

70 Wis.2d 770 (1975)

235 N. W. 2d 493

TOWN OF BLOOMING GROVE, Respondent, v. CITY OF MADISON, Appellant.

Supreme Court of Wisconsin.

Decided November 25, 1975.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Edwin Conrad, city attorney, and Larry W. O'Brien, deputy city attorney.

For the respondent the cause was submitted on the brief of Burt P. Natkins and DeWitt, McAndrews & Porter, S. C., all of Madison.

On motion for rehearing:

For the appellant there was a rehearing brief by Henry A. Gempeler, city attorney, and Larry W. O'Brien, deputy city attorney.

Submitted under sec. (Rule) 251.54 October 30, 1975.

CONNOR T. HANSEN, J.

On January 29, 1974, the common council of the city adopted seven separate ordinances, each of which annexed a "town island" located in the town of Blooming Grove. The annexation proceeding was instituted pursuant to the provisions of sec. 66.021 (15), Stats., as created by ch. 143, Laws of 1973, effective December 2, 1973.

The statute provides:

"66.021 Annexation...

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