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TOWN OF BELOIT v. COUNTY OF ROCK

No. 00-1231.

259 Wis.2d 37 (2003)

2003 WI 8

657 N.W.2d 344

TOWN OF BELOIT, Petitioner-Third-Party Defendant-Appellant, v. COUNTY OF ROCK, Respondent-Respondent, v. Belle ZYLA, Marvin Prothero, and Green-Rock Audubon Society, Intervenors-Third-Party Plaintiffs-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided March 4, 2003.

Attorney(s) appearing for the Case

For the intervenors-third-party plaintiffs-respondents-petitioners there were briefs by Joseph R. Cincotta and Schweitzer & Cincotta LLP, Milwaukee, and oral argument by Joseph R. Cincotta.

For the respondent-respondent there was a brief and oral argument by Eugene R. Dumas, deputy corporation counsel.

For the petitioner-third-party defendant-appellant, there was a brief by Kenneth W. Forbeck and Forbeck, Elliott, Monahan & Schomber, S.C., Beloit, and oral argument by Kenneth W. Forbeck.

An amicus curiae brief was filed by Claire Silverman, Madison, on behalf of the League of Wisconsin Municipalities.

An amicus curiae brief was filed by Carol B. Nawrocki, Shawano, on behalf of the Wisconsin Towns Association.

¶ 1. N. PATRICK CROOKS, J.

Belle Zyla, Marvin Prothero, and the Green-Rock Audubon Society (Intervenors) petitioned for review of a court of appeals decision, which reversed and remanded the decision of the Circuit Court for Rock County, William D. Johnston, Circuit Court Judge. The court of appeals held that the Town of Beloit (town)1 has the statutory authority to spend public tax monies to develop and sell property in the Heron...

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