GILLEN v. CITY OF NEENAH

No. 96-2470.

219 Wis.2d 806 (1998)

580 N.W.2d 628

John GILLEN, Ann Gillen, William Dunwiddie, Friends of Our Neenah Parks and Clean Water Action Council of Northeastern Wisconsin, Inc., Plaintiffs-Appellants, v. CITY OF NEENAH, Minergy Corporation and P.H. Glatfelter Company, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided July 2, 1998.


Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs by William P. O'Connor, Rhea A. Myers and Jennifer S. McGinnity and Wheeler, Van Sickle & Anderson, S.C., Madison and oral argument by William P. O'Connor.

For the defendants-respondents, City of Neenah and Minergy Corporation, there was a brief by James G. Gunz, city attorney, Neenah; Arthur J. Harrington, Winston A. Ostrow, Michael B. Apfeld, and Godfrey & Kahn, S.C., Milwaukee and James G. Schweitzer, Joseph R. Cincotta and Schweitzer and Cincotta, LLP, Milwaukee and oral argument by Michael B. Apfeld.

For the defendant-respondent, P.H. Glatfelter Company there was a brief by Mark A. Thimke and Foley & Lardner, Milwaukee and David G. Mandelbaum, Harry R. Weiss and Ballard, Spahr, Andrews & Ingersoll, Philadelphia, PA and oral argument by David G. Mandelbaum.

Amicus curiae brief was filed by John S. Greene, assistant attorney general with whom on the brief was James E. Doyle, attorney general, for the State of Wisconsin.

Amicus curiae brief was filed by Curt F. Pawlisch and Cullen, Weston, Pines & Bach, Madison for The Wisconsin Alliance of Cities.

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


¶ 1. PER CURIAM.

This is an appeal by the plaintiffs, John and Ann Gillen, William Dunwiddie, Friends of Our Neenah Parks and Clean Water Action Council of Northeastern Wisconsin, Inc., from a judgment of the circuit court for Winnebago County, Robert A. Hawley, Judge, granting motions to dismiss and motions for summary judgment for the defendants, City of Neenah, Minergy Corporation and P.H. Glatfelter Company. The circuit court dismissed the plaintiffs' complaint...

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