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TOWN OF STILES v. STILES/LENA DRAINAGE

No. 2009AP556.

787 N.W.2d 876 (2010)

2010 WI App 87

TOWN OF STILES, Town of Lena and Village of Lena, Petitioners-Respondents, v. STILES/LENA DRAINAGE DISTRICT, Respondent-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed June 22, 2010.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of Timothy M. Barber and Peter J. Conrad of Axley Brynelson, LLP of Madison.

On behalf of the petitioners-respondents, the cause was submitted on the joint brief of James A. Morrison of James A. Morrison, S.C. of Marinette, and Timothy Schmid of Shawano.

A nonparty brief was filed by Paul G. Kent of Anderson & Kent, S.C. of Madison, for Wisconsin Association of Drainage Districts.

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

BRUNNER, J.

¶ 1 Stiles/Lena Drainage District appeals from an order granting the Town of Stiles, Town of Lena, and Village of Lena's (collectively the Municipalities) petition to dissolve the District. WISCONSIN STAT. § 88.82(3) precludes a circuit court from granting such a petition unless it first determines "that the public welfare will be promoted by dissolution of the district."1 The District argues the circuit court improperly...

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