WISCONSIN REALTORS v. TOWN OF WEST POINT

No. 2006AP2761.

743 N.W.2d 441 (2007)

2007 WI 139

WISCONSIN REALTORS ASSOCIATION, INC. and Wisconsin Builders Association, Plaintiffs-Appellants, v. TOWN OF WEST POINT, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided December 12, 2007.


Attorney(s) appearing for the Case

For the plaintiff-appellants there were briefs by Timothy D. Fenner, Lori M. Lubinsky, and Axley Brynelson, LLP, Madison, and oral argument by Lori M. Lubinsky.

For the defendant-respondent there was a brief by Richard K Nordeng, Bryan Kleinmaier, and Stafford Rosenbaum LLP, Madison, and oral argument by Richard K. Nordeng.

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

An amicus curiae brief was filed by Daniel M. Olson, Madison, on behalf of the League of Wisconsin Municipalities.

An amicus curiae brief was filed by Brian Ohm, Madison, on behalf of the Wisconsin Chapter of the American Planning Association and the American Planning Association.

An amicus curiae brief was filed by William White, Paul D. Barbato, and Michael Best & Friedrich LLP, Madison, on behalf of the Wisconsin Transportation Builders Association and Aggregate Producers of Wisconsin.


ON CERTIFICATION FROM THE COURT OF APPEALS

¶ 1 PER CURIAM.

This case comes before the court on certification from the Wisconsin Court of Appeals.

¶ 2 The court is equally divided on whether to affirm or reverse the judgment of the circuit court. Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice Patience Drake Roggensack would affirm. Justice N. Patrick Crooks, Justice...

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