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CITY OF APPLETON v. TRANSPORTATION COMMISSION

No. 83-358.

116 Wis.2d 352 (1983)

342 N.W.2d 68

CITY OF APPLETON, a Wisconsin municipal corporation, Petitioner-Respondent, v. TRANSPORTATION COMMISSION of Wisconsin and Town of Grand Chute, Respondents-Appellants.

Court of Appeals of Wisconsin.

Decided November 22, 1983.

Attorney(s) appearing for the Case

For the appellant, Transportation Commission of Wisconsin, the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Daniel D. Stier, assistant attorney general.

For the appellant, Town of Grand Chute, the cause was submitted on the briefs of Herrling, Clark, Hartzheim & Siddall, Ltd., and Kevin Lonergan of Appleton.

For the respondent the cause was submitted on the brief of David G. Geenen, city attorney, of Appleton.

Before Foley, P.J., Dean and Cane, JJ.

CANE, J.

The Transportation Commission and the Town of Grand Chute appeal a judgment affirming in part and vacating in part the commission's order authorizing extension of sewer mains by the City of Appleton through the town's property, provided the city permits town residents abutting the new sewer mains to "hook up" to them. The circuit court concluded that the commission was without authority to order approval subject to such a condition. The town also appeals...

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