TOWN OF WINDSOR v. VILLAGE OF DeFOREST

No. 02-0281.

265 Wis.2d 591 (2003)

2003 WI App 114

666 N.W.2d 31

TOWN OF WINDSOR and Town of Burke, Plaintiffs-Respondents, WALGREEN CO., Meyer Holding, L.L.C., Duraform Lane Properties, L.L.C., Clack Building, L.L.C., Doug Karow, and Virginia Buhler, Intervening Plaintiffs-Respondents, v. VILLAGE OF DEFOREST, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 22, 2003.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Allen D. Reuter and Kim I. Moermond of Reuter, Whitish & Cole, S.C. of Madison.

On behalf of the plaintiffs-respondents and intervening plaintiffs-respondents the cause was submitted on the brief of Lawrence E. Bechler and Matthew J. Fleming of Murphy & Desmond, S.C. of Madison; Timothy D. Fenner of Axley Brynelson, LLP of Madison; Edward A. Hannan of Hannan & Associates, LLC of Brookfield; Constance L. Anderson of Merg & Anderson, S.C. of Madison; and Robert C. Procter of Axley Brynelson, LLP of Madison.

Before Dykman, Roggensack and Deininger, JJ.


¶ 1. ROGGENSACK, J.

The Village of DeForest appeals judgment on the pleadings granted to the Town of Windsor, the Town of Burke and intervening plaintiffs,1 declaring annexation ordinance 2001-10 void. DeForest ordinance 2001-10 purported to repeal an annexation ordinance enacted two months prior, ordinance 2000-69, and to re-annex largely the same territory as previously annexed. The circuit...

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