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HOEPKER v. CITY OF MADISON PLAN COMMISSION

No. 95-2013.

209 Wis.2d 633 (1997)

563 N.W.2d 145

Jerome HOEPKER and Jane Hoepker, Plaintiffs-Appellants-Cross Petitioners, v. CITY OF MADISON PLAN COMMISSION, and City of Madison, a Municipal Corporation, Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided May 16, 1997.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners the cause was argued by James M. Voss, assistant city attorney, with whom on the briefs was Christopher G. Wren, assistant city attorney and Eunice Gibson, city attorney.

For the plaintiffs-appellants-cross petitioners there were briefs by Steven C. Underwood and Annemarie G. Pace, and Neider & Boucher, S.C., Madison and oral argument by Steven C. Underwood.

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

Amicus curiae was filed by Mark B. Hazelbaker and Bell, Metzner, Gierhart & Moore, S.C., Madison for Dane County Towns Association.

¶ 1. N. PATRICK CROOKS, J.

Jerome and Jane Hoepker (collectively Hoepkers) sought preliminary plat approval for a proposed residential subdivision from the City of Madison Plan Commission and the City of Madison Common Council (collectively "City"). The City approved the preliminary plat, subject to eight conditions. The Hoepkers sought certiorari review, challenging two conditions which require them: (1) to agree to annex the land encompassed by the preliminary...

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