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KW HOLDINGS, LLC v. TOWN OF WINDSOR

No. 02-0706.

259 Wis.2d 357 (2002)

2003 WI App 9

656 N.W.2d 752

KW HOLDINGS, LLC, a Wisconsin limited liability company, Plaintiff-Appellant, v. TOWN OF WINDSOR, a body corporate and politic, Town of Windsor Town Board, the governing body of the Town of Windsor, Town of Windsor Plan Commission, a commission created by the Town of Windsor, and Cheryl Theis, Town of Windsor Clerk-Treasurer, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 21, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Troy M. Hellenbrand, Esq. of Hellenbrand & Hellenbrand, S.C., Waunakee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Lawrence E. Bechler and Matthew J. Fleming of Murphy & Desmond, S.C., Madison.

Before Vergeront, P.J., Dykman and Deininger, JJ.

¶ 1. VERGERONT, P.J.

KW Holdings, LLC, appeals an order of the circuit court that affirmed the decision of the town board of the Town of Windsor rejecting the final plat submitted by KW Holdings. The town board rejected the final plat on the ground that KW Holdings failed to satisfy numerous conditions for plat approval. At the time the town board made this decision, Windsor was contesting annexation by the Village of DeForest of an area containing the property...

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