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NORTH TWIN BUILDERS, LLC v. TOWN OF PHELPS

No. 2009AP3036.

800 N.W.2d 1 (2011)

2011 WI App 77

NORTH TWIN BUILDERS, LLC, Plaintiff-Respondent, v. TOWN OF PHELPS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed May 3, 2011.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Richard W. Zalewski and Michael J. Roman of Zalewski, Klinner & Kramer, LLP, Wausau.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Sven W. Strutz and Keith K. Kost of Eckert-Kost, LLP, Rhinelander.

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

BRUNNER, J.

¶ 1 The Town of Phelps appeals a summary judgment awarding North Twin Builders, LLC, compensatory damages for the Town's violation of WIS. STAT. § 60.47, which governs public contracts and competitive bidding for towns.1 The Town asserts North Twin Builders is not entitled to recover the costs of preparing its unsuccessful bid because it did not first obtain injunctive relief. We conclude that a disappointed

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