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TOWN OF BROCKWAY v. CITY OF BLACK RIVER FALLS

No. 2004AP2916.

285 Wis.2d 708 (2005)

2005 WI App 174

702 N.W.2d 418

TOWN OF BROCKWAY, Plaintiff-Appellant, v. CITY OF BLACK RIVER FALLS and McFour Ventures, LLC, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 30, 2005.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Michael L. Stoker, Johns, Flaherty & Collins, S.C., La Crosse.

On behalf of the defendant-respondent McFour Ventures, LLC, the cause was submitted on the brief of John L. Maier, Jr., Sweet & Maier, S.C., Elkhorn.

On behalf of the defendant-respondent Black River Falls, the cause was submitted on the brief of Thomas A. Gilligan Jr., Murnane, Conlin, White and Brandt, P.A., St. Paul, MN.

Before Dykman, Vergeront and Lundsten, JJ.

¶ 1. VERGERONT, J.

The Town of Brockway appeals the circuit court's order granting summary judgment and dismissing its claim that the annexation of certain of the Town's territory by the City of Black River Falls was invalid. We conclude the complaint was sufficient to allow the Town to argue that an agreement between the City and the property owner was an abuse of the City's discretion and therefore a violation of...

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