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CITY OF RACINE v. WASTE FACILITY SITING BD

No. 96-0688.

216 Wis.2d 616 (1998)

575 N.W.2d 712

CITY OF RACINE, Wisconsin, a municipal corporation, Petitioner-Respondent, LAND RECLAMATION COMPANY, Intervenor-Respondent, v. WASTE FACILITY SITING BOARD, a state agency, Respondent, TOWN OF MOUNT PLEASANT AND COUNTY OF RACINE, Intervenors, R.A.T.E., a local citizens group, Intervenor-Appellant.

Supreme Court of Wisconsin.

Decided March 19, 1998.

Attorney(s) appearing for the Case

For the intervenor-appellant there was a brief by Patrick J. Hudec, Gabrielle Boehm and Hudec Law Offices, S.C., East Troy, and oral argument by Patrick J. Hudec.

For the petitioner-respondent there was a brief and oral argument by Daniel P. Wright, city attorney, Racine.

For the Intervenor-Respondent, Land Reclamation Company, there was a brief (in the court of appeals) by Bradley D. Jackson and Foley & Lardner, Madison and oral argument by Bradley D. Jackson.

¶ 1. WILLIAM A. BABLITCH, J.

Residents Against Trash Expansion (RATE) appeals a circuit court decision granting summary judgment to the City of Racine (City). The circuit court held that RATE's failure to file a notice of claim with the City, pursuant to Wis. Stat. § 893.80(1)(b) (reprinted below),1 prior to RATE's counterclaim against the City, required dismissal of RATE's counterclaim...

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