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FIRST STATE BANK v. TOWN OF OMRO

No. 2015AP403.

873 N.W.2d 247 (2015)

2015 WI App 99

FIRST STATE BANK, Plaintiff-Appellant, v. TOWN OF OMRO, Wisconsin, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed November 11, 2015.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Philip A. Munroe of McCarty Law LLP, Appleton.

On behalf of the defendant-respondent, the cause was submitted on the brief of Ryan R. Graff and Andrew L. Stevens of Nash, Spindler, Grimstad & McCracken LLP, Manitowoc.

Before NEUBAUER, C.J., REILLY, P.J., and GUNDRUM, J.

¶ 1 The issue presented is whether a municipality may use its police powers to build roads and levy special assessments against the land benefitted after a developer defaults in its obligation to build the roads. The Barony subdivision, a seventy-four lot subdivision in the Town of Omro, received final plat approval in 2004. By...

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