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SANITARY DIST. NO. 4-TOWN OF BROOKFIELD v. CITY OF BROOKFIELD

No. 2008AP511.

767 N.W.2d 316 (2009)

2009 WI App 47

SANITARY DISTRICT NO. 4-TOWN OF BROOKFIELD, Plaintiff-Appellant Utility District No. 1-Town of Brookfield, Plaintiff v. CITY OF BROOKFIELD, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed March 31, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant and plaintiff, the cause was submitted on the briefs of James W. Hammes of Cramer, Multhauf & Hammes, LLP, Waukesha.

On behalf of the defendant-respondent, the cause was submitted on the brief of Julie M. Gay of Brenner, Wall & Gay, LLP, Waukesha, and George M. Schimmel of O'Neill, Schimmel, Quirk & Carroll, S.C., Milwaukee.

Before CURLEY, P.J., KESSLER and BRENNAN, JJ.

¶ 1 BRENNAN, J.

Sanitary District No. 4 — Town of Brookfield ("Sanitary District") appeals from a judgment entered in favor of the City of Brookfield ("City") following a trial to the court, wherein the court dismissed the Sanitary District's complaint challenging the June 6, 2006 annexation ordinance, annexing nine properties from the Town of Brookfield ("Town") to the City.1 The Sanitary District makes two claims, which it...

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