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IN RE INCORPORATION OF TOWN OF FITCHBURG

No. 80-980.

98 Wis.2d 635 (1980)

299 N.W.2d 199

IN RE the INCORPORATION OF the TOWN OF FITCHBURG, Dane County, Wisconsin, as a City: TOWN OF FITCHBURG, et al., Appellants-Petitioners, v. CITY OF MADISON, Respondent.

Supreme Court of Wisconsin.

Decided November 4, 1980.

Attorney(s) appearing for the Case

For the petitioners there were briefs by Brian E. Butler, Richard K. Nordeng, Kristine A. Euclide, Peter T. Julka, Carolyn P. Lazar and Stafford, Rosenbaum, Rieser & Hansen of Madison, and oral argument by Richard K. Nordeng.

For the respondent the cause was argued by James M. Voss, assistant city attorney, with whom on the brief was Henry A. Gempeler, city attorney.

WILLIAM G. CALLOW, J.

On this review we are asked to decide whether orders denying a town's motion to dismiss for lack of personal jurisdiction and enjoining a town from incorporating as a city are appealable. We find the injunction order final and thus appealable. But because we also find that the trial court lacked personal jurisdiction over the Town, the order enjoining the incorporation referendum is void.

On March 24, 1980, a petition was filed with the...

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