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STATE EX REL. KUEHNE v. BURDETTE

No. 2008AP1342.

772 N.W.2d 225 (2009)

2009 WI App 119

STATE of Wisconsin ex rel. Carl W. KUEHNE, Gregory A. Depas, Richard A. Huxford, Will Stark and William H. Wangerin, Plaintiffs-Respondents, v. Sarah BURDETTE, Town Clerk, Carol Hutjens and Town of Ledgeview Defendants-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed July 7, 2009.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Lawrence E. Bechler of Murphy Desmond S.C., Madison.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Warren M. Wanezek of Wanezek & Jaekels, S.C., Green Bay.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

¶ 1 PETERSON, J.

WISCONSIN STAT. § 66.0203(11)1 allows the Town of Ledgeview in Brown County—unlike any other town in the state—to bypass the ordinary process for incorporating into a village. The circuit court declared the statute unconstitutional and enjoined the Town from incorporating under the statute. We affirm.

BACKGROUND

¶ 2 WISCONSIN STAT. §§ 66.0203-66.0211 set forth the...

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