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HEITMAN v. CITY OF MAUSTON

No. 98-3133.

226 Wis.2d 542 (1999)

595 N.W.2d 450

Mark HEITMAN, on behalf of himself and 196 other qualified electors of the City of Mauston who signed a Direct Legislation Petition, Plaintiff-Appellant, v. CITY OF MAUSTON COMMON COUNCIL, and City of Mauston, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 29, 1999.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Matthew W. O'Neill and Jeremy P. Levinson of Friebert, Finerty & St. John, S. C. of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of John R. Orton of Curran, Hollenbeck & Orton, S.C. of Mauston.

Non-party briefs were filed by Curtis Witynski of League of Wisconsin Municipalities of Madison.

Before Dykman, P.J., Vergeront and Roggensack, JJ.

ROGGENSACK, J.

Mark Heitman appeals from a summary judgment dismissing the complaint which requested a writ of mandamus compelling the City of Mauston Common Council, pursuant to § 9.20, STATS., either to adopt or to refer to a vote of the electorate, without alteration, a proposed initiative affecting the real property within Mauston and for an order, pursuant to § 781.02, STATS., restraining Mauston and its Common Council from entering into any contracts...

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