Town of Blooming Grove v. City of Madison

*450Wingert, J.

1. Summary judgment properly denied. The order denying the city’s motion for summary judgment must be affirmed, because the pleadings and affidavits disclose the existence of a material issue of fact, i. e., whether or not the petition for annexation bore the required number of signatures of electors and property owners at the time the annexation ordinance was adopted.

It is essential to the validity of an annexation that the petition bear the required number of signatures at the time the ordinance is adopted. Greenfield v. Milwaukee, 272 Wis. 610, 613, 76 N. W. (2d) 320; Town of…