BOUCHER LINCOLN-MERCURY v. MADISON PLAN COMM.

Nos. 91-2272, 91-3083.

178 Wis.2d 74 (1993)

503 N.W.2d 265

GORDIE BOUCHER LINCOLN-MERCURY MADISON, INC., a Wisconsin corporation, Plaintiff-Respondent, v. CITY OF MADISON PLAN COMMISSION, an Approving Authority of the City of Madison, a Wisconsin municipal corporation, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 24, 1993.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of William F. White and Ruth M. Heitz of Michael, Best & Friedrich of Madison and Eunice Gibson and James M. Voss, of the Office of the City Attorney and orally argued by William F. White.

For the plaintiff-respondent the cause was submitted on the briefs of Thomas M. Pyper and K. Michael Cooley of Whyte & Hirschboeck, S.C. of Madison and orally argued by Thomas M. Pyper.

For the Wisconsin Towns Association an amicus curiae brief was submitted by Thomas W. Harnisch of Madison.

For the City of Sun Prairie an amicus curiae brief was submitted by Richard K. Nordeng of Stafford, Rosenbaum, Rieser & Hansen of Madison.

For the League of Wisconsin Municipalities an amicus curiae brief was submitted by Curtis A. Witynski of Madison.

Before Gartzke, P.J., Dykman and Sundby, JJ.


SUNDBY, J.

The City of Madison Plan Commission appeals from an order requiring it to conditionally approve a certified survey map (CSM) of a land division in the city's extraterritorial plat approval jurisdiction1 submitted for its review by respondent Gordie Boucher Lincoln-Mercury Madison, Inc.2 The plan commission contends that it acted within its jurisdiction when it rejected Boucher's CSM because Boucher...

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