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TOWN OF SUGAR CREEK v. CITY OF ELKHORN

No. 98-2514.

231 Wis.2d 473 (1999)

605 N.W.2d 274

TOWN OF SUGAR CREEK, a municipal corporation, Plaintiff-Appellant, v. CITY OF ELKHORN, a municipal corporation, Defendant-Respondent, MANN BROTHERS, INC., Intervening-Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided November 17, 1999.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Patrick J. Hudec, Gabrielle Boehm and Quentin F. Shafer of Hudec Law Offices, S. C. of East Troy.

On behalf of the defendant-respondent and the intervening-defendant-respondent, the cause was submitted on the briefs of Michael J. Cieslewicz, of Kasdorf, Lewis & Swietlik, S.C. of Milwaukee and David M. Reddy and Lowell E. Sweet of Sweet & Reddy, S.C. of Elkhorn.

Before Nettesheim, Anderson and Snyder, JJ.

¶ 1. ANDERSON, J.

The Town of Sugar Creek objects to the direct annexation of a parcel of land by the City of Elkhorn. The Town maintains that the City misused its discretion in adopting the annexation ordinance. The circuit court held that the Town failed to overcome the presumption of validity of the ordinance and the annexation satisfied the "rule of reason." Because the record supports the court's findings that the borders are not arbitrary, that the City...

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