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TOWN OF BURKE v. CITY OF MADISON

Nos. 98-0108, 98-1362.

225 Wis.2d 615 (1999)

593 N.W.2d 822

TOWN OF BURKE, Plaintiff-Respondent, v. CITY OF MADISON, City of Madison Common Council and City of Madison Plan Commission, Defendants-Appellants, CITY VIEW LIMITED PARTNERSHIP, Defendant. TOWN OF BURKE, Plaintiff-Appellant, v. CITY OF MADISON, City of Madison Common Council, and City of Madison Plan Commission, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 11, 1999.

Attorney(s) appearing for the Case

On behalf of the defendants-petitioners, City of Madison, City of Madison Common Council and City of Madison Plan Commission, the cause was submitted on the briefs of Eunice Gibson, city attorney, and James L. Martin, assistant city attorney, of Madison.

On behalf of the plaintiff-appellant, Town of Burke, the cause was submitted on the briefs of Bruce K. Kaufmann of Kaufmann Law Office of Madison.

On behalf of the plaintiff-respondent, Town of Burke, the cause was submitted on the brief of Bruce K. Kaufmann of Kaufmann Law Office of Madison.

On behalf of the defendants-respondents, City of Madison, City of Madison Common Council and City of Madison Plan Commission, the cause was submitted on the brief of Eunice Gibson, city attorney, and James L. Martin, assistant city attorney, of Madison.

Before Vergeront, Roggensack and Deininger, JJ.

ROGGENSACK, J.

In this consolidated appeal, we address the contention that a notice of claim is not required when a town files a lawsuit pursuant to § 66.021, STATS., objecting to a city's annexation of a town's land. Because the Town of Burke brought its claims pursuant to a specific statutory scheme devised by the legislature to effect and to resolve objections to annexations in a timely fashion and because the policies which underlie § 893.80(1), STATS...

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