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Town of Baraboo v. Village of West Baraboo

No. 2004AP980.

283 Wis.2d 479 (2005)

2005 WI App 96

699 N.W.2d 610

TOWN OF BARABOO, Plaintiff-Appellant, v. VILLAGE OF WEST BARABOO, Defendant-Respondent, LIVING TRUST OF Lloyd and Karen BYXBE and N. Robert Byxbe, Intervenors-Defendants.

Court of Appeals of Wisconsin.

Decided April 28, 2005.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Wayne L. Maffei and Natalie T. Bussan of Cross, Jenks, Mercer and Maffei, Baraboo.

On behalf of the defendant-respondent, the cause was submitted on the brief of Michael S. Heffernan, Stephan J. Nickels and Allen A. Arntsen of Foley & Lardner, LLP, Madison.

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

¶ 1. DEININGER, P.J.

The Town of Baraboo appeals a judgment that upheld an annexation by the Village of West Baraboo. The Town claims that the challenged annexation was invalid because (1) the Village improperly granted eleven separate annexation petitions in a single ordinance; (2) the Village failed to notify the Department of Administration and the Town that a twelfth petition would not be granted; and (3) the annexation...

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