TOWN OF DELAVAN v. CITY OF DELAVAN

No. 91-1042.

176 Wis.2d 516 (1993)

500 N.W.2d 268

TOWN OF DELAVAN, a Wisconsin town and Daniel G. Kilkenny, an individual, Plaintiffs-Appellants, v. CITY OF DELAVAN, a Wisconsin city, Defendant-Respondent-Petitioner, LLL PARTNERS and Lake Lawn Airport Corporation, Intervening Defendants-Petitioners.

Supreme Court of Wisconsin.

Decided June 3, 1993.


Attorney(s) appearing for the Case

For the defendant-respondent-petitioner there were briefs by William F. White, John D. Wilson and Michael, Best & Friedrich, Madison and oral argument by Mr. White.

For the intervening defendants-petitioners there was oral argument by John L. Maier of Maier & Associates, Lake Geneva.

For the plaintiffs-appellants there was a brief by Michael P. May and Boardman, Suhr, Curry & Field, Madison and Daniel Kilkenny and Wassel, Kilkenny & Danz, Delavan and oral argument by Mr. May.

Amicus Curiae brief was filed by Claire Silverman and Curtis A. Witynski, Madison for the League of Wisconsin Municipalities.


HEFFERNAN, CHIEF JUSTICE.

This is a review of a decision of the court of appeals, Town of Delavan v. City of Delavan, 168 Wis.2d 566, 484 N.W.2d 343 (Ct. App. 1992), reversing an order of the circuit court for Walworth County, James L. Carlson, Judge, that upheld a City of Delavan ordinance annexing Lake Lawn Lodge and Airport. In reversing, the court of appeals made two determinations...

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