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DEBROUX v. BOARD OF CANVASSERS FOR CITY OF APPLETON

Nos. 96-1287, 96-1309, 96-1335.

206 Wis.2d 321 (1996)

557 N.W.2d 423

Richard T. DEBROUX, Plaintiff-Respondent, v. The BOARD OF CANVASSERS FOR the CITY OF APPLETON, Defendant-Respondent, Timothy HANNA, Appellant. Richard T. DEBROUX, Plaintiff-Respondent, v. BOARD OF CANVASSERS FOR CITY OF APPLETON, Defendant-Respondent, Timothy HANNA, Appellant. Richard T. DEBROUX, Plaintiff-Respondent, v. BOARD OF CANVASSERS FOR CITY OF APPLETON, Defendant-Respondent, Timothy HANNA, Appellant.

Court of Appeals of Wisconsin.

Decided November 6, 1996.

Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the briefs of I. Gregg Curry IV of McCarty, Curry, Wydeven, Peeters & Haak of Kaukauna and R.J.R. Pirlot of Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of John C. Peterson and Mary Taylor Lokensgard of Robinson, Peterson, Berk & Cross of Appleton; and Richard A. Stack, Jr. of Sigman, Janssen, Stack, Wenning & Sutter of Appleton.

On behalf of the State Elections Board, there was an amicus curiae brief by Kevin J. Kennedy, Executive Director; and James E. Doyle, attorney general, and Alan Lee, assistant attorney general.

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

SNYDER, J.

Timothy Hanna appeals from a circuit court order reversing the Board of Canvassers' (the Board) recount certification of Hanna as the newlyelected mayor of the City of Appleton (the City). Upon remand to the Board, the incumbent, Richard T. DeBroux, was declared the winner by two votes. Hanna seeks reinstatement of the Board's certification in his favor or a new election.1

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