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WAGNER MOBIL, INC. v. CITY OF MADISON

No. 93-0193.

190 Wis.2d 585 (1995)

527 N.W.2d 301

WAGNER MOBIL, INC., Tom Showers, d/b/a McDonald's (Millpond Road), Town of Blooming Grove, a Wisconsin Town, and Blooming Grove Sanitary District No. 8, a Wisconsin Town Sanitary District, Plaintiffs-Respondents, v. CITY OF MADISON, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided February 28, 1995.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner the cause was argued by James M. Voss, assistant city attorney, with whom on the briefs was Eunice Gibson, city attorney.

For the plaintiffs-respondents there was a brief by Richard K. Nordeng and Stafford, Rosenbaum, Rieser & Hansen, Madison and oral argument by Richard K. Nordeng.

Amicus curiae was filed by Curtis A. Witynski, legal counsel, Madison for the League of Wisconsin Municipalities.

Amicus curiae was filed by Richard J. Stadelman, legal counsel, Shawano for the Wisconsin Towns Association.

Amicus curiae was filed by Thomas M. Pyper, Gregory A. Fedders and Whyte, Hirschboeck, Dudek, S.C., Madison for the Wisconsin Realtors Association.

WILCOX, J.

This is a review of an unpublished decision of the court of appeals, which affirmed an order of the circuit court for Dane County, Moria Krueger, circuit judge. The circuit court concluded that an annexation ordinance executed by the City of Madison violated legislative intent by creating a new town island in the Town of Blooming Grove, contrary to sec. 66.021(15), STATS. (1991-92).1

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