TOWN OF SHEBOYGAN v. CITY OF SHEBOYGAN

No. 95-1839.

203 Wis.2d 274 (1996)

553 N.W.2d 275

TOWN OF SHEBOYGAN, Town of Sheboygan Sanitary District No. 3 (Water), Chester A. Bahr, Lu Ann Bahr, Dale A. Bahr and Vicky Bahr, Plaintiffs-Respondents, v. CITY OF SHEBOYGAN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 19, 1996.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, there was oral argument and briefs submitted by Stephen G. McLean, city attorney.

On behalf of the plaintiffs-respondents, there was oral argument and a brief submitted by Michael J. Bauer of Hopp, Hodson, Powell, Raftery & Bauer of Sheboygan.

Before Anderson, P.J., Brown and Snyder, JJ.


BROWN, J.

In July 1994, the City of Sheboygan annexed a 55.3 acre parcel of vacant land immediately north of the city limits. The Town of Sheboygan1 argues that it is providing water service to this land and thus the Public Service Commission, pursuant to § 196.50(4), STATS., must intervene and determine which municipality is better suited to supply water to the property's future residents. We conclude, however, that § 60.79...

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