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IN RE PETITION OF TP. OF CAMPBELL

No. 75-491.

78 Wis.2d 246 (1977)

254 N.W.2d 241

IN RE PETITION FOR INCORPORATION OF TOWNSHIP OF CAMPBELL INTO VILLAGE OF FRENCH ISLAND: TOWN OF CAMPBELL, Petitioner-Respondent, v. CITY OF LA CROSSE, Appellant.

Supreme Court of Wisconsin.

Decided June 1, 1977.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of William J. Sauer, deputy city attorney.

For the respondent the cause was submitted on the brief of Charles G. Norseng and Steele, Smyth, Klos & Flynn-Chartered, of La Crosse.

HANLEY, J.

Two issues are presented on appeal:

1. Was the incorporation petition prematurely filed under sec. 66.01(9) (h), Stats?

2. Does the territory proposed for incorporation satisfy the minimum area requirements of sec. 66.015 (5), Stats?

Timeliness of Petition

Sec. 66.014(9) (h), Stats., provides that "no petition for the incorporation of the same or substantially the same territory shall be entertained for one year following...

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