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COUNTY OF RACINE v. CITY OF OAK CREEK

No. 91-0687.

165 Wis.2d 153 (1991)

477 N.W.2d 318

COUNTY OF RACINE, Plaintiff-Respondent. v. CITY OF OAK CREEK, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 16, 1991.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Lawrence J. Haskin, city attorney, City of Oak Creek.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of LeRoy Kramer, III, deputy corporation counsel, Racine County.

On behalf of the League of Wisconsin Municipalities, an amicus curiae brief was filed by James H. Schneider of Madison.

Before Nettesheim, P.J., Brown and Snyder, JJ.

SNYDER, J.

The city of Oak Creek, a Milwaukee county municipality, appeals from a judgment ordering it to reimburse Racine county for expenses incurred when the county sheriffs department provided hospital guards for two fugitives from the Oak Creek police. The circuit court found that under contract law and the statutes, the city was bound to reimburse the county. We conclude, however, that even if a contract was struck, it is void because it violates various statutes...

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