STATE EX REL. VILLAGE OF NEWBURG v. TOWN OF TRENTON

No. 2008AP2997.

773 N.W.2d 500 (2009)

2009 WI App 139

STATE of Wisconsin ex rel. VILLAGE OF NEWBURG, Plaintiff-Appellant, v. TOWN OF TRENTON, Defendant-Respondent, Deerprint Enterprises, LLC, Intervening Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed August 26, 2009.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of H. Stanley Riffle and Julie A. Aquavia of Arenz, Molter, Macy & Riffle, S.C. of Waukesha.

On behalf of the defendant-respondent, the cause was submitted on the brief of Deborah S.R. Hoffmann of Houseman & Feind, LLP of Grafton.

On behalf of the intervening defendant-respondent, the cause was submitted on the brief of Phillip J. Eckert of Eckert Law Office of West Bend.

Before BROWN, C.J., ANDERSON and SNYDER, JJ.


¶ 1 BROWN, C.J.

The Wisconsin legislature generally requires an incorporated municipality to act within its own territorial boundaries. But our legislature has recognized that a municipality may need to act outside its boundaries to plan for its future expansion and physical development. So the legislature allows a municipality to temporarily enact a moratorium that prohibits unincorporated towns from changing the zoning of land next to the municipality's boundaries...

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