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CITY OF MADISON v. TOWN OF MADISON

No. 85-0029.

127 Wis.2d 96 (1985)

377 N.W.2d 221

CITY OF MADISON, a Wisconsin municipal corporation, Stephen E. Strategos and Richard T. Ahner, on behalf of themselves and of all electors, residents and owners of property in the Town of Madison opposed to incorporation of the Town as a City, and State of Wisconsin ex rel. City of Madison, Stephen E. Strategos and Richard T. Ahner, Plaintiffs-Respondents, v. TOWN OF MADISON, a body corporate, Thomas C. Solberg, Robert H. Waldron, Donald C. Pierstorff and Donna L. Meier, in their official capacities as officers of the Town of Madison and in their individual capacities as electors, residents and owners of property in the Town of Madison, and on behalf of themselves and all other electors, residents and owners of property in the Town of Madison in favor of incorporation of the Town, the Honorable Douglas La Follette, Secretary of State of the State of Wisconsin, and County of Dane, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided October 28, 1985.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of Richard K. Nordeng and Stafford, Rosenbaum, Rieser & Hansen of Madison.

For the defendants-respondents the cause was submitted on the brief of Henry A. Gempeler, city attorney, Carolyn S. Hogg, assistant city attorney, James M. Voss, assistant city attorney, and William H. Olson, and Buffett, Dew, Blaney, Olson & Lasker of Madison.

Before Gartzke, P.J., Eich, J., and Sullivan, J.

EICH, J.

The Town of Madison appeals from a declaratory judgment invalidating its efforts to incorporate as a city pursuant to sec. 60.81, Stats. (1981-82).1 The issue is whether sec. 990.001(15), Stats., enacted after the incorporation proceedings were initiated, bars the town from proceeding under sec. 60.81. We are satisfied that it does, and we therefore affirm.

Section 60.81, Stats., provides a procedure whereby a town adjacent...

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