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TOWN OF CLAYTON v. CARDINAL CONST. CO., INC.

No. 2008AP1793.

767 N.W.2d 605 (2009)

2009 WI App 54

TOWN OF CLAYTON, Plaintiff-Respondent, v. CARDINAL CONSTRUCTION COMPANY, INC. Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed March 11, 2009.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of William S. Cole of Reuter, Whitish & Cole, S.C., Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Richard J. Carlson of Silton Seifert Carlson, S.C.

Before ANDERSON, P.J., SNYDER and NEUBAUER, JJ.

¶ 1 NEUBAUER, J.

Cardinal Construction Co., Inc., appeals from a summary judgment granted in favor of the Town of Clayton. The issue presented is whether a contract between the Town and Cardinal Construction for the construction of a fire station was invalid as ultra vires because the Town's former board lacked the authority to contract absent approval by the town electors. We conclude that WIS. STAT. § 60.10(2)(e) and (f) (2007-08)1

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