Legal Opinion

Fenton v. Ryan

Wisconsin Supreme Court

Decided October 5, 1909PublishedCited by 14 opinions

Appeal from an order of the circuit court for Outagamie county: John Goodland, Circuit Judge. The appeal is from an order denying the application of the petitioners for an order incorporating the village of Kimberly.

1Opinion of the CourtBaewes, J.

The court found that of the 576 ácres'em-braced within the boundaries of the proposed village about 465 acres were rural or agricultural lands sparsely settled, not having the distinctive characteristics of a village, and not reasonably appurtenant to the remaining territory, and not necessary to be included within the limits of the proposed village for any legitimate purpose. Of the remaining 113 acres the court found that seventy-five acres were covered with water, and that the settled portion of the proposed village contained but thirty-eight and one-half acres, and that one half a section…

2Cases cited3 opinions

  1. In re Incorporation of Village of North MilwaukeeWisconsin Supreme Court · 1896
  2. State ex rel. Town of Holland v. LammersWisconsin Supreme Court · 1902
  3. Nash v. FriesWisconsin Supreme Court · 1906

3Cited by14 opinions

  1. In re Incorporation of the Village of ChenequaWisconsin Supreme Court · 1928
  2. State ex rel. Ekern v. City of MilwaukeeWisconsin Supreme Court · 1926
  3. Voters with Facts v. City of Eau ClaireWisconsin Supreme Court · 2018
  4. Town of Delavan v. City of DelavanWisconsin Supreme Court · 1993
  5. In Re Village of Oconomowoc LakeWisconsin Supreme Court · 1959

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