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ECO, INC. v. CITY OF ELKHORN

No. 02-0216.

259 Wis.2d 276 (2002)

2002 WI App 302

655 N.W.2d 510

ECO, INCORPORATED, Petitioner-Appellant, v. CITY OF ELKHORN, a Wisconsin municipal corporation, and Nancy B. Jacobson, City of Elkhorn, City Clerk, Respondents-Respondents.

Court of Appeals of Wisconsin.

Decided November 20, 2002.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, there were briefs by Linda S. Isnard and Terrance E. Nilles of von Briesen & Roper, S.C., Milwaukee. There were oral arguments by Linda S. Isnard.

On behalf of the respondents-respondents, there was a brief by John M. Murphy of Leece & Phillips, S.C., Elkhorn. There were oral arguments by Ward D. Phillips.

Before Brown, Anderson and Snyder, JJ.

¶ 1. SNYDER, J.

ECO, Incorporated appeals from a judgment and orders of the circuit court ruling that ECO's two requests for records to the City of Elkhorn, filed pursuant to the Freedom of Information Act (FOIA), were not open records requests pursuant to WIS. STAT. §§ 19.31 through 19.37 (1999-2000)1 and thus not actionable via a writ of mandamus. ECO argues that the two requests qualified as requests under Wisconsin open...

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