TOWN OF WALWORTH v. FONTANA-ON-GENEVA LAKE

No. 77-665.

85 Wis.2d 432 (1978)

270 N.W.2d 442

TOWN OF WALWORTH, WALWORTH COUNTY, Plaintiff-Respondent, v. VILLAGE OF FONTANA-ON-GENEVA LAKE, WALWORTH COUNTY, Defendant-Appellant.

Court of Appeals of Wisconsin, District II.

Decided September 1, 1978.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Philip B. Morrissy and Morrissy, Morrissy and Race of Elkhorn.

For the respondent the cause was submitted on the brief of Paul E. Kremer and Lehman, Seymour & Kremer of Elkhorn.

Before VOSS, P.J., Brown, J., and Bode, J.


BROWN, J.

On February 21, 1977, the Village of Fontana-on-Geneva Lake adopted an ordinance annexing certain noncontinguous property owned by it in the Town of Walworth, Walworth County, Wisconsin. The land was unoccupied and was the site for the village well. Before passing the ordinance, the village indicated that it intended to also use the land for a public ball park.

At the time the ordinance was passed, Walworth...

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