City of Madison v. Village of Monona

On May 5, 1958, respondent Engelhart sought to annex certain territory in the town of Blooming-Grove to the city of Madison, and on May 6, 1958, Thomas O. Mackesey sought to annex part of the same territory to the village of Monona.

The law is well settled that where two proceedings are begun about the same time and in good faith, whereby each attempts to annex the same area, the proceedings first instituted must have precedence. Greenfield v. Milwaukee (1951), 259 Wis. 77, 47 N. W. (2d) 292, and In re Village of St. Francis (1932), 208 Wis. 431, 436, 243 N. W. 315.

For the purposes of this…