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NICOLET v. VILLAGE OF FOX POINT

No. 92-1156.

177 Wis.2d 80 (1993)

501 N.W.2d 842

Steven NICOLET and Christiana Nicolet, husband and wife, and Brian L. Read, Plaintiffs-Appellants, v. VILLAGE OF FOX POINT, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 7, 1993.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Weiss, Berqowski, Brady & Donahue, with Debra A. Slater, of counsel, of Milwaukee.

For the defendant-respondent the cause was submitted on the briefs of Carl Backus, Village Attorney, of Milwaukee.

Before Wedemeyer, P.J., Sullivan and Schudson, JJ.

SCHUDSON, J.

This is an appeal from the trial court order dismissing the complaint of Steven and Christiana Nicolet and Brian L. Read that sought judgments declaring their ownerships of lands, and orders enjoining the Village of Fox Point from any actions inconsistent with their ownerships. The trial court dismissed the complaint because the Nicolets and Read failed to comply with the notice requirements of sec. 893.80(1), Stats. We reverse.

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