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TOWN OF NASEWAUPEE v. STURGEON BAY

No. 88-0800.

146 Wis.2d 492 (1988)

431 N.W.2d 699

TOWN OF NASEWAUPEE, Plaintiff-Respondent, v. CITY OF STURGEON BAY, Defendant-Appellant, TOWN OF STURGEON BAY, Defendant.

Court of Appeals of Wisconsin.

Decided September 13, 1988.

Attorney(s) appearing for the Case

For defendant-appellant there were briefs by Chester C. Stauffacher, Sturgeon Bay.

For plaintiff-respondent there was a brief by Jeffrey M. Weir of Pinkert, Smith, Weir, Jinkins & Nesbitt, Sturgeon Bay.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

The City of Sturgeon Bay appeals a declaratory judgment holding that an annexation referendum that ended in a tie nullified all previous proceedings, including the passage of an annexation ordinance. The city argues that a tie is not a vote "against annexation" pursuant to sec. 66.021(5)(g), Stats., and that sec. 66.021(5)(d), which provides for the language to be contained in an annexation referendum ballot, is...

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