IN RE TOWN OF BROOKFIELD

No. 2012AP919.

859 N.W.2d 115 (2014)

2015 WI App 3

In re the Petition to Incorporate as a Metropolitan Village, Unincorporated Lands Located in the TOWN OF BROOKFIELD and Town of Waukesha, Waukesha County, Wisconsin. James J. Walt, Petitioner-Respondent, v. City of Brookfield, Town of Brookfield, City of Waukesha and Village of Sussex, Intervenors, Town of Waukesha, Intervenor-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed December 4, 2014.


Attorney(s) appearing for the Case

On behalf of the intervenor-appellant, the cause was submitted on the briefs of Dean P. Laing of O'Neil, Cannon, Hollman, DeJong & Laing S.C., Milwaukee, Hector de la Mora and Douglas J. Hoffer of de la Mora & de la Mora, Elm Grove; and supplemental briefs of H. Stanley Riffle and Julie A. Aquavia of Arenz, Molter, Macy, Riffle & Larson, S.C., Waukesha.

On behalf of the petitioner-respondent, the cause was submitted on the briefs of James W. Hammes of Cramer, Multhauf & Hammes, LLP, Waukesha.

Nonparty brief was filed by H. Stanley Riffle and Julie A. Aquavia of Arenz, Molter, Macy, Riffle & Larson, S.C., Waukesha, and Karen Flaherty , city attorney, Brookfield, for the City of Brookfield.

Before BLANCHARD, P.J., LUNDSTEN and HIGGINBOTHAM, JJ.


¶ 1 The Town of Waukesha appeals an order of the circuit court dismissing the Town from these proceedings. The Town also appeals an order denying the Town's motion to dismiss a petition for incorporation of a village comprised of portions of two towns.1

¶ 2 Regarding the question of...

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