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TOWN OF DELAVAN v. CITY OF DELAVAN

No. 90-0900.

160 Wis.2d 403 (1991)

466 N.W.2d 227

IN RE INCORPORATION OF LANDS COMPRISING the DELAVAN LAKE SANITARY DISTRICT: TOWN OF DELAVAN and Delavan Lake Sanitary District, Appellants, v. CITY OF DELAVAN, LLL Partners and LLF Partners, Respondents. TOWN OF DELAVAN, a Wisconsin town, Petitioner-Appellant, v. Wisconsin DEPARTMENT OF DEVELOPMENT, a state agency, Respondent. TOWN OF DELAVAN, a Wisconsin town, and Delavan Lake Sanitary District, a town sanitary district, Petitioners-Appellants Daniel KILKENNY, an individual, Petitioner, v. Wisconsin DEPARTMENT OF DEVELOPMENT, a state agency, Respondent, CITY OF DELAVAN, LLL Partners and LLF Partners, Intervenors-Respondents.

Court of Appeals of Wisconsin.

Decided January 23, 1990.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant Town of Delavan, there were briefs by Michael P. May and James E. Bartzen of Boardman, Suhr, Curry & Field of Madison. There was oral argument by Michael P. May.

On behalf of the petitioner-appellant Delavan Lake Sanitary District, there were briefs by Timothy D. Fenner and Catherine J. Furay of Axley & Brynelson of Madison. There was oral argument by Catherine J. Furay.

On behalf of the respondent City of Delavan, there was a brief by William F. White and John D. Wilson of Michael, Best & Friedrich of Madison. There was oral argument by William F. White.

Before Brown, Scott and Anderson, JJ.

SCOTT, J.

This is another municipal incorporation/annexation quarrel. The circuit court ruled that the Town of Delavan and the Delavan Lake Sanitary District lacked standing to participate in judicial review of an adverse determination of the Department of Development involving incorporation of part of the town. The circuit court also denied the town's and the district's motions to participate as intervenors, reasoning that they lacked the requisite interests to intervene...

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