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TOWN OF BELOIT v. COUNTY OF ROCK

No. 00-1231.

249 Wis.2d 88 (2001)

2001 WI App 256

637 N.W.2d 71

TOWN OF BELOIT, Petitioner-Third-Party Defendant-Appellant, v. COUNTY OF ROCK, Respondent-Respondent, v. Belle ZYLA, Marvin Prothero, and Green-Rock Audubon Society, Intervenors-Third-Party Plaintiffs-Respondents.

Court of Appeals of Wisconsin.

Decided October 25, 2001.

Attorney(s) appearing for the Case

On behalf of the petitioner-third-party defendant-appellant, the cause was submitted on the briefs of and oral argument by Kenneth W. Forbeck of O'Neal, Forbeck, Elliott & Monahan, S.C., Beloit.

On behalf of the respondent-respondent, the cause was submitted on the briefs of and oral argument by Eugene R. Dumas, Rock County deputy corporation counsel, Janesville.

On behalf of the intervenors-third-party plaintiffs-respondents, the cause was submitted on the briefs of and oral argument by Joseph R. Cincotta of Schweitzer & Cincotta LLP, Milwaukee.

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

¶ 1. LUNDSTEN, J.

The Town of Beloit commenced this action in the circuit court when it filed a petition for a writ of certiorari complaining that the respondent, County of Rock, lacked authority to impose certain conditions on the Town's proposed subdivision plat. While this certiorari action was pending in the circuit court, Belle Zyla, Marvin Prothero, and the Green-Rock Audubon Society (collectively Intervenors) filed a motion to intervene and a complaint...

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