CITY OF MADISON v. TOWN OF FITCHBURG

No. 82-1218.

112 Wis.2d 224 (1983)

332 N.W.2d 782

CITY OF MADISON and Russell E. Mueller, Plaintiffs-Respondents, v. TOWN OF FITCHBURG, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided April 26, 1983.


Attorney(s) appearing for the Case

For the defendant-appellant there were briefs by Richard K. Nordeng, Carolyn P. Lazar and Stafford, Rosenbaum, Rieser & Hansen, Madison, and oral argument by Mr. Nordeng.

For the plaintiffs-respondents there was a brief by James M. Voss, assistant city attorney, with whom on the brief was Henry A. Gempler, city attorney, and Russell E. Mueller, Madison, and oral argument by Mr. Voss.

Amicus Curiae brief was filed by Burt P. Natkins, legal counsel, Madison, for the League of Wisconsin Municipalities.


On by-pass from court of appeals.

WILLIAM G. CALLOW, J.

This is an appeal from a Dane county circuit court declaratory judgment and order granting a permanent injunction. The circuit court declared the Town of Fitchburg's incorporation Resolution No. 5-81 and the results of its April 7, 1981, referendum null and void and enjoined Fitchburg from certifying the referendum results to the Wisconsin Secretary of State. Fitchburg appealed and petitioned to bypass...

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