TOWN OF DELTON v. LISTON

No. 2006AP1288.

731 N.W.2d 308 (2007)

2007 WI App 120

TOWN OF DELTON, Thomas W. Ritzenthaler, Crystal R. Ritzenthaler and Poplar Meadows, LLC, Plaintiffs-Respondents, v. Patrick J. LISTON, City of Baraboo Mayor, City of Baraboo, City of Baraboo Common Council, Cheryl M. Giese, City of Baraboo City Clerk and City of Baraboo Plan Commission, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed March 29, 2007.


Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Mark R. Reitz, city attorney, Baraboo.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of William F. Greenhalgh, Esq. of Greenhalgh Legal Services, Baraboo; and Troy M. Hellenbrand, Esq. of Hellebrand & Hellenbrand S.C., Waunakee.

Before LUNDSTEN, P.J., VERGERONT, HIGGINBOTHAM, JJ.


¶ 1 VERGERONT, J.

The City of Baraboo1 appeals the circuit court's declaratory judgment and its order that the City approve the preliminary plat of the Poplar Meadows subdivision. We agree with the circuit court that BARABOO, WI ORDINANCE (ORD.) § 18.02(8)(a) (1992) conflicts with WIS. STAT. § 236.13(2)(a) (2005-06)2 to the extent it imposes, as part of its extraterritorial plat review jurisdiction...

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