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VILLAGE OF DEFOREST v. COUNTY OF DANE

No. 96-1574.

211 Wis.2d 804 (1997)

565 N.W.2d 296

VILLAGE OF DEFOREST, a Wisconsin municipal corporation, Plaintiff-Respondent, v. COUNTY OF DANE, a political subdivision of the State of Wisconsin, Defendant, FLYING J INC., a foreign corporation, Defendant-Appellant, Gene E. EVANS, Defendant.

Court of Appeals of Wisconsin.

Decided May 22, 1997.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Richard A. Lehmann and Mark J. Steichen of Boardman, Suhr, Curry & Field of Madison and Robert H. Freilich and David W. Bushek of Freilich, Leitner & Carlisle of Kansas City, Missouri. Oral argument by Richard Carlisle.

For the plaintiff-respondent the cause was submitted on the brief of Allen D. Reuter and William S. Cole of Clifford & Reuter, S.C. of Madison and Kristine A. Euclide and Ted Waskowski of Stafford, Rosenbaum, Rieser & Hansen of Madison. Oral argument by Allen D. Reuter.

Before Dykman, P.J., Roggensack and Deininger, JJ.

DEININGER, J.

Flying J Inc. appeals an order granting the Village of DeForest's motion for summary declaratory judgment and denying Flying J's cross-motion for similar relief. Flying J also appeals a separate order which dismissed a counterclaim for damages under 42 U.S.C. § 1983 for failure to state a claim. Flying J argues that the trial court erred: (1) in interpreting § 62.23(7a), STATS.,

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