STATE EX REL. BINGEN v. BZDUSEK

No. 01-3015.

257 Wis.2d 193 (2002)

2002 WI App 210

650 N.W.2d 894

STATE of Wisconsin EX REL. Robert BINGEN, Donald Heesen, Norman Faber and Arthur Weis, Plaintiffs-Respondents, v. Lisa BZDUSEK and James Johnson, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided July 10, 2002.


Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Raymond J. Pollen and Ryan G. Braithwaite of Crivello, Carlson & Mentkowski, S.C., Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Phillip J. Eckert of O'Meara Law Firm, LLP, West Bend.

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


¶ 1. ANDERSON, J.

Lisa Bzdusek and James Johnson appeal from a circuit court decision granting a motion for summary judgment concluding that their election to the Addison town board was in violation of WIS. STAT. § 17.25 (1999-2000)1 because the board excluded the town clerk from participating in the nomination process, and therefore Bzdusek and Johnson had no right to hold their respective offices.2

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