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RATH v. TWO RIVERS COMMUNITY HOSP.

No. 90-1419.

160 Wis.2d 853 (1991)

467 N.W.2d 150

Hilary J. RATH, Lois M. Clarksen, Alex Flemal, Francis Bonfigt, Patricia A. Laurin and Julia Pillasch, Plaintiffs-Appellants, Delores CARRON, D.A. Kuljis, M.D., and Reuben G. Plantico, Plaintiffs, v. TWO RIVERS COMMUNITY HOSPITAL, INC., a Wisconsin non-profit corporation, Defendant-Respondent. CITY OF TWO RIVERS, a Wisconsin municipal corporation, Defendant.

Court of Appeals of Wisconsin.

Decided February 13, 1991.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Arden A. Muchin and John M. Bruce of Muchin, Muchin & Bruce, S.C. of Manitowoc.

On behalf of defendant-respondent, the cause was submitted on the brief of Jon M. Counsell and Gregory B. Conway of Liebmann, Conway, Olejniczak & Jerry, S.C. of Green Bay.

Before Nettesheim, P.J., Scott and Anderson, JJ.

ANDERSON, J.

Several taxpayers appeal from a summary judgment in favor of Two Rivers Community Hospital, Inc. (TRCH) and the City of Two Rivers (city). The taxpayers seek to avoid the conveyance of a hospital and its equipment from the city to TRCH. The taxpayers raise three issues on appeal: (1) whether the conveyance is void because the city plan commission was not consulted pursuant to sec. 62.23(5), Stats.; (2) whether...

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