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TOWN OF WAUKESHA v. 164 OF WAUKESHA

No. 2008AP1795.

774 N.W.2d 814 (2009)

2009 WI App 147

TOWN OF WAUKESHA, Plaintiff-Respondent, v. 164 OF WAUKESHA LIMITED PARTNERSHIP, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed September 16, 2009.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Alan H. Marcuvitz and Susan M. Sager of Michael Best & Friedrich, LLP, Milwaukee. There was oral argument by Susan M. Sager.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James W. Hammes of Cramer, Multhauf & Hammes, LLP, Waukesha. There was oral argument by James W. Hammes.

A nonparty brief was filed by Carol B. Nawrocki of Wisconsin Towns Association of Shawano, Wisconsin, for Wisconsin Towns Association.

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

¶ 1 SNYDER, J.

The 164 of Waukesha Limited Partnership (the Developer) appeals from a judgment in favor of the Town of Waukesha following cross-motions for summary judgment. The Developer contends that the circuit court erred when it held that an annexation waiver signed by the Developer was enforceable as a matter of law and that the Developer was liable for liquidated damages of $250,000 plus costs and attorney fees under the agreement. The Developer asserts...

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