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IN RE PETITION TO INCORPORATE POWERS LAKE VILLAGE

No. 92-1355.

171 Wis.2d 659 (1992)

IN RE the PETITION TO INCORPORATE the VILLAGE OF POWERS LAKE, KENOSHA COUNTY: Donna WALAG, Petitioner's Representative, Petitioner-Appellant, v. TOWN OF BLOOMFIELD, Town of Randall and State of Wisconsin Department of Administration, Respondents-Respondents.

Court of Appeals of Wisconsin.

Decided October 7, 1992.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Patrick J. Hudec and Gabrielle Boehm of Hudec Law Offices, S.C. of East Troy.

On behalf of the respondent, Town of Randall, there was a motion to dismiss submitted by Larry D. Steen of Godfrey, Neshek & Worth, S.C., of Elkhorn.

On behalf of the respondent, the State of Wisconsin, there was a letter memorandum submitted by James E. Doyle, attorney general, and F. Thomas Creeron III, assistant attorney general.

Before Brown, Anderson and Snyder, JJ.

BROWN, J.

The Town of Bloomfield, the Town of Randall and the Wisconsin Department of Administration (respondents) join in a motion to dismiss this appeal regarding an incorporation petition on the grounds that judicial review under ch. 227, Stats., is a condition precedent to this appeal. Because sec. 66.017(2), Stats., the statute detailing the method for appealing an incorporation action, requires judicial review under ch. 227 before this appeal may be had and...

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