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ELLIOTT v. MORGAN

No. 96-1904.

214 Wis.2d 253 (1997)

571 N.W.2d 866

James N. ELLIOTT and Milwaukee Building and Construction Trades Council, Plaintiffs-Appellants, v. Michael L. MORGAN, the City of Milwaukee, Milwaukee Riverwalk District, Inc. and Business Improvement District No. 15, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 21, 1997.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Matthew R., Robbins and Frederick C. Miner of Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman, S.C. of Milwaukee. There was oral argument by Matthew R. Robbins.

On behalf of the defendants-respondents Michael L. Morgan and the City of Milwaukee, the cause was submitted on the brief of Grant F. Langley, city attorney and Linda Uliss Burke, assistant city attorney. There was oral argument by Linda Uliss Burke.

On behalf of the defendants-respondents Milwaukee Riverwalk District, Inc. and Business Improvement District No. 15, the cause was submitted on the brief of Kathleen S. Donius, and Daniel J. LaFave of Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C. of Milwaukee. There was oral argument by Kathleen S. Donius.

Before Wedemeyer, P.J., Schudson, J., and Daniel L. LaRocque, Reserve Judge.

WEDEMEYER, P.J.

James N. Elliott and the Milwaukee Building and Construction Trades Council appeal from a judgment entered after the trial court granted Michael L. Morgan, the City of Milwaukee, the Milwaukee Riverwalk District, Inc., (MRD) and the Business Improvement District No. 15's (BID) motion for summary judgment. Elliott claims the trial court erred when it concluded that portions of the construction of the Riverwalk project were not a "public work" subject...

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