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CITY OF WAUKESHA v. SALBASHIAN

No. 85-0384.

128 Wis.2d 334 (1986)

CITY OF WAUKESHA, a municipal corporation; Paul Keenan; Theodore Fadrow; and the State of Wisconsin ex rel. City of Waukesha, Paul Keenan, and Theodore Fadrow, Plaintiffs-Respondents, v. Sandra SALBASHIAN, Clerk, Town/City of Pewaukee, Brent J. Redford, Chairman, Town/City of Pewaukee, Scott Klein, Michael Hasslinger, Sherman Jacobs, Douglas Ramstack, all as supervisors of the Town/City of Pewaukee; Town of Pewaukee, a body corporate; and Pewaukee City, a purported municipal corporation, Defendants-Appellants. VILLAGE OF PEWAUKEE, a Wisconsin municipal corporation, Plaintiff-Respondent, v. Sandra SALBASHIAN, Clerk, Town/City of Pewaukee, Brent J. Redford, Chairman, Town/City of Pewaukee, Scott Klein, Michael Hasslinger, Sherman Jacobs, Douglas Ramstack, all as Supervisors of the Town/City of Pewaukee; Town of Pewaukee, a body corporate; and Pewaukee City, a purported municipal corporation, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided February 24, 1986.

Attorney(s) appearing for the Case

For the defendants-appellants there were briefs by Richard K. Nordeng and Stafford, Rosenbaum, Rieser & Hansen, Madison, and oral argument by Mr. Nordeng.

For the plaintiff-respondent, City of Waukesha, there was a brief by George E. Lawler, city attorney, Gerald T. Janis, assistant city attorney and Harold H. Fuhrman, special counsel, Milwaukee, and oral argument by Mr. Fuhrman.

For the plaintiff-respondent, Village of Pewaukee, there was a brief and oral argument by Timothy P. Garrity, Milwaukee.

CALLOW, WILLIAM G., J.

This appeal concerns a judgment of the circuit court for Waukesha county, Judge Willis. J. Zick, in which the court ruled that the Town of Pewaukee's attempt to incorporate as a fourth-class city under sec. 80.81, Stats., 1981-82, was invalid because Pewaukee is not adjacent to a first-class city. The court concluded that "adjacent," as used in sec. 60.81, means contiguous. Because Pewaukee is six miles from the city of Milwaukee, the nearest...

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