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GIBSON v. RACINE POLICE & FIRE COMM.

No. 84-916.

123 Wis.2d 150 (1985)

366 N.W.2d 144

Gary GIBSON, Plaintiff-Respondent, v. CITY OF RACINE POLICE & FIRE COMMISSION, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 6, 1985.

Attorney(s) appearing for the Case

For the defendant-appellant, the cause was submitted on the briefs of Daniel P. Wright, of the City Attorney's Offices, of Racine. For the plaintiff-respondent, the cause was submitted on the brief of Linda S. Vanden Heuvel, of Vanden Heuvel Law Offices, of Milwaukee.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

The Racine Police and Fire Commission appeals the circuit court's decision setting aside police officer Gary Gibson's ten-day suspension without pay. We hold that Gibson's service by mail, rather than by personal service upon the secretary of the commission, does not constitute compliance with the statutory requirement regarding how notices of appeal, in cases of this type, are to be served. Because of the improper notice, the trial court lacked personal...

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