City of Appleton v. Town of Menasha

This is an appeal from an order of the circuit court for Outaga-mie county, James T. Bayorgeon, Circuit Judge, denying Garth Walling’s (Walling) motion to intervene in a proceeding brought by the City of Appleton against the Town of Menasha, on the ground that Walling lacks standing. Walling, a taxpayer of the Town of Menasha, had moved to intervene and filed a third-party complaint seeking a declaration of rights to determine the constitutionality of the statute upon which the City of Appleton bases its proceeding. The circuit court denied Walling’s motion to intervene and dismissed the…