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TOWN OF SHEBOYGAN v. CITY OF SHEBOYGAN

No. 01-1129.

248 Wis.2d 904 (2001)

2001 WI App 279

637 N.W.2d 770

IN RE the INCORPORATION OF a PORTION OF the TOWN OF SHEBOYGAN, Sheboygan County, Wisconsin, AS A VILLAGE: TOWN OF SHEBOYGAN, Petitioner-Appellant, v. CITY OF SHEBOYGAN, Intervenor-Respondent.

Court of Appeals of Wisconsin.

Decided October 10, 2001.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Michael J. Bauer of Hopp, Powell, Bauer, Donohue & Buesing, Sheboygan.

On behalf of the intervenor-respondent, the cause was submitted on the brief of Stephen G. McLean, city attorney of Sheboygan.

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

¶ 1. ANDERSON, J.

The Town of Sheybogan (Town) appeals a circuit court order which referred its petition for incorporation to the Department of Administration (DOA) pursuant to WIS. STAT. § 66.0203(8) (1999-2000).1 The Town argues that the circuit court exceeded its authority under § 66.0203(8) when it made a finding that the Town's incorporation petition was entertained on September 28, 2000, the date it was filed with...

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