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CITY OF APPLETON v. TOWN OF MENASHA

No. 86-2228.

142 Wis.2d 870 (1988)

419 N.W.2d 249

CITY OF APPLETON, a Wisconsin Municipal Corporation, Plaintiff, v. TOWN OF MENASHA, a Wisconsin town, Defendant. Garth WALLING, Third Party Plaintiff-Appellant, v. CITY OF APPLETON, a Wisconsin Municipal Corporation and State of Wisconsin, Third Party Defendants-Respondents.

Supreme Court of Wisconsin.

Decided February 19, 1988.

Attorney(s) appearing for the Case

For the third-party plaintiff-appellant there were briefs (in court of appeals) by Roger W. Clark, and Herrling, Clark, Hartzheim & Siddall, Ltd., Appleton, and oral argument by Roger W. Clark.

For the third-party defendants-respondents there was a brief (in court of appeals) and oral argument by David G. Geenen, Appleton.

SHIRLEY S. ABRAHAMSON, J.

This is an appeal from an order of the circuit court for Outagamie county, James T. Bayorgeon, Circuit Judge, denying Garth Walling's (Walling) motion to intervene in a proceeding brought by the City of Appleton against the Town of Menasha, on the ground that Walling lacks standing. Walling, a taxpayer of the Town of Menasha, had moved to intervene and filed a third-party complaint seeking a declaration of rights to determine the constitutionality...

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