RICE v. CITY OF OSHKOSH

No. 87-1521.

148 Wis.2d 78 (1989)

435 N.W.2d 252

Dale D. RICE and Jeffrey J. Welhouse, d/b/a Algoma Properties, Plaintiffs-Respondents, v. CITY OF OSHKOSH, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided February 14, 1989.


Attorney(s) appearing for the Case

For the defendant-appellant there were briefs (in court of appeals) by John W. Pence, city attorney, and Warren P. Kraft, assistant city attorney, and oral argument by Mr. Pence.

For the plaintiffs-respondents there was a brief (in court of appeals) by Richard J. Carlson and Patterson, Jensen, Wylie, Silton & Seifert, S.C., Appleton, and oral argument by Mr. Carlson.

Amicus curiae briefs were filed by James N. Schneider, legal counsel, and Curtis A. Witynski, assistant legal counsel, Madison, for League of Wisconsin Municipalities; and Robert A. Teper and Michael, Best & Friedrich, Milwaukee, for Wisconsin Builders Association.


DAY, J.

This appeal was accepted on bypass of the court of appeals pursuant to sec. 808.05, Stats., (1985-86). The appeal is from a judgment of the circuit court for Winnebago county, Honorable Thomas S. Williams, judge. The circuit court ruled that the town of Algoma (Town) was granted sole authority, pursuant to sec. 236.13(2)(a), Stats.,1 to establish the public improvement requirements of...

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