TOWN OF HALLIE v. CITY OF EAU CLAIRE

No. 92-1670.

173 Wis.2d 450 (1992)

TOWN OF HALLIE, and Town of Hallie Sanitary District No. 1, Plaintiffs-Appellants, v. CITY OF EAU CLAIRE, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 29, 1992.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Edith F. Merila and on the briefs of and orally argued by Timothy D. Fenner of Axley Brynelson of Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of and orally argued by Frederick W. Fischer of Eau Claire.

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


MYSE, J.

The Town of Hallie and the Town of Hallie Sanitary District No. 1 appeal a summary judgment dismissing their complaint against the City of Eau Claire. They contend that the trial court erred by refusing to apply sec. 60.79(2)(d), Stats., where it found that the sanitary district had no patrons. They argue that subsec. (d) must always be applied when the district has incurred debt and that the term "patrons" includes persons intended to be served by a water...

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