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CITY OF BROOKFIELD v. BERGHAUER

No. 92-0192-FT.

170 Wis.2d 603 (1992)

489 N.W.2d 695

CITY OF BROOKFIELD, Plaintiff-Respondent, v. Gregory BERGHAUER, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided August 19, 1992.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of John L. Becker of Becker & Phillips of Brookfield.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of E. Joseph Kershek of Kershek Law Offices of Milwaukee.

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

NETTESHEIM, P.J.

The appellate issue is whether the city of Brookfield legally prosecuted Gregory Berghauer for speeding where the offense occurred on the foreign side of a boundary highway between Brookfield and the city of Wauwatosa. We hold that sec. 175.40(4), Stats., permits such prosecution. We affirm the judgment.

The facts are undisputed. During the early morning hours of March 3, 1990, Brookfield Police Officer John Horter clocked Berghauer's vehicle...

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