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TOWN OF MERRIMAC v. VILLAGE OF MERRIMAC

No. 2007AP2491.

753 N.W.2d 552 (2008)

2008 WI App 98

TOWN OF MERRIMAC, Plaintiff-Appellant, v. VILLAGE OF MERRIMAC, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed May 22, 2008.

Attorney(s) appearing for the Case

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

On behalf of the defendant-respondent, the cause was submitted on the brief of Mark R. Sewell and Mindy Rowland Buenger of DeWitt Ross & Stevens, S.C., Madison.

Before DYKMAN, LUNDSTEN and BRIDGE, JJ.

¶ 1 LUNDSTEN J.

The question before us is whether WIS. STAT. § 66.0217(11)(c) bars a town from contesting in court a particular type of annexation, namely, a direct annexation by unanimous approval under § 66.0217(2). The Village of Merrimac annexed property located in the Town of Merrimac under § 66.0217(2), and the Town brought suit. We agree with the circuit court that § 66.0217(11)(c) bars the Town's suit and that the Town may not obtain...

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