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STATE EX REL. CITIZENS FOR RESPONSIBLE DEVELOPMENT v. CITY OF MILTON

No. 2006AP427.

731 N.W.2d 640 (2007)

2007 WI App 114

STATE of Wisconsin ex rel. CITIZENS FOR RESPONSIBLE DEVELOPMENT, State of Wisconsin ex rel. Kathryn Bornemann, and State of Wisconsin ex rel. George Bornemann, Petitioners-Appellants, State of Wisconsin Ex Rel. Stephen Drew and State of Wisconsin Ex Rel. Leanne G. Glorvigen, Petitioners, v. CITY OF MILTON and Milton City Council, Respondents-Respondents, Milton Plan Commission, Respondent.

Court of Appeals of Wisconsin.

Opinion Filed March 8, 2007.

Attorney(s) appearing for the Case

On behalf of the petitioners-appellants, the cause was submitted on the briefs of Christa Westerberg and Peter E. McKeever of Garvey, McNeil & McGillivray, S.C., Madison.

On behalf of the respondents-respondents, the cause was submitted on the brief of Michael R. Haas of Roethe Krohn Pope LLP, Edgerton.

A nonparty brief was filed by Robert J. Dreps and Jennifer L. Peterson of LaFollette Godfrey & Kahn, Madison, for Wisconsin Freedom of Information Council, Wisconsin Broadcasters Association, Wisconsin Newspaper Association and The Janesville Gazette.

Before LUNDSTEN, P.J., DYKMAN and VERGERONT, JJ.

¶ 1 DYKMAN, J.

Citizens for Responsible Development (CRD) appeals from an order granting summary judgment to the City of Milton, the Milton City Council, and the Milton Plan Commission (collectively "Milton") in CRD's action against Milton for violation of Wisconsin's Open Meetings Law under WIS. STAT. §§ 19.81-19.98 (2005-06).1 CRD contends that Milton improperly invoked WIS. STAT. § 19.85(1)(e) as justification for...

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