TOWN OF BARTON v. DIVISION OF HEARINGS & APPEALS

No. 01-1209.

256 Wis.2d 628 (2002)

2002 WI App 169

649 N.W.2d 293

TOWN OF BARTON, Petitioner-Respondent, v. DIVISION OF HEARINGS AND APPEALS, Respondent, CITY OF WEST BEND, Interested Party-Appellant.

Court of Appeals of Wisconsin.

Decided June 6, 2002.


Attorney(s) appearing for the Case

On behalf of the interested party-appellant, the cause was submitted on the briefs of Richard C. Yde, of Stafford Rosenbaum LLP, of Madison.

On behalf of the petitioner-respondent, the cause was submitted on the brief of Timothy J. Andringa of Cramer, Multhauf & Hammes, LLP of Waukesha.

Brief of amicus curiae was filed by Daniel M. Olson of League of Wisconsin Municipalities of Madison on behalf of League of Wisconsin Municipalities.

Before Dykman, Roggensack and Deininger, JJ.


¶ 1. ROGGENSACK, J.

The City of West Bend appeals the circuit court's reversal of a decision of the Division of Hearings and Appeals of the Department of Administration (DHA), wherein DHA ordered the Town of Barton to permit the City to install a sanitary sewer interceptor and laterals in two highways in the Town, pursuant to its authority under WIS. STAT. § 86.16(5) (1999-2000).1 The circuit court reversed DHA because it concluded...

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