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STATE EX REL. TOWN OF NORWAY v. RACINE CTY. BD

No. 97-2861.

220 Wis.2d 595 (1998)

583 N.W.2d 437

STATE EX REL. TOWN OF NORWAY SANITARY DISTRICT #1, Petitioner-Appellant, v. RACINE COUNTY DRAINAGE BOARD OF COMMISSIONERS, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided June 17, 1998.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Michael F. Dubis of Waterford.

On behalf of the respondent-respondent, the cause was submitted on the brief of Matthew H. Quinn and Ronald P. Brockman of Hand & Quinn, S.C. of Racine.

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

BROWN, J.

The Town of Norway Sanitary District #1 (Sanitary District) contends that the Racine County Drainage Board of Commissioners (Board) does not have the authority to levy an assessment against it even though its sanitation plant is located in a drainage district under the Board's jurisdiction and the plant discharges over 330 million gallons of treated wastewater into the drainage way each year. It contends that it is a municipality, and, therefore, it enjoys...

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