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NEENAH SANITARY DIST. NO. 2 v. CITY OF NEENAH

No. 01-2520.

256 Wis.2d 296 (2002)

2002 WI App 155

647 N.W.2d 913

TOWN OF NEENAH SANITARY DISTRICT No. 2, a Wisconsin Sanitary District, Plaintiff-Appellant, v. CITY OF NEENAH, a Wisconsin Municipal Corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 15, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of John A. St. Peter of Edgarton, St. Peter, Petak, Massey & Bulton, of Fond du Lac.

On behalf of the defendant-respondent, the cause was submitted on the brief of John E. Thiel, Esq. of Godfrey & Kahn, S.C. of Appleton.

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

¶ 1. NETTESHEIM, P.J.

The Town of Neenah Sanitary District No. 2 (the District) appeals from a summary judgment in favor of the City of Neenah. The District filed this action after the City refused to consent to the District's request to extend sewer service without stating objective reasons for doing so. Based on the clear and unambiguous language of the parties' written agreements regarding wastewater treatment, ...

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