Legal Opinion

Town of Delavan v. City of Delavan

Court of Appeals of Wisconsin

Decided November 28, 1990No. 90-0900PublishedCited by 5 opinions

1Opinion of the CourtScott, J.

This is another municipal incorporation/annexation quarrel. The circuit court ruled that the Town of Delavan and the Delavan Lake Sanitary District lacked standing to participate in judicial review of an adverse determination of the Department of Development involving incorporation of part of the town. The circuit court also denied the town's and the district's motions to participate as intervenors, reasoning that they lacked the requisite interests to intervene. Both entities were dismissed from the case, and they appeal.

We conclude that neither the town nor the district has standing under…

2Cases cited5 opinions

  1. Wisconsin's Environmental Decade, Inc. v. Public Service CommissionWisconsin Supreme Court · 1975
  2. In Re Estate of Balkus v. Security First National Bank of Sheboygan Trust DepartmentCourt of Appeals of Wisconsin · 1985
  3. Fox v. Wisconsin Department of Health & Social ServicesWisconsin Supreme Court · 1983
  4. Waste Management of Wisconsin, Inc. v. State Department of Natural ResourcesWisconsin Supreme Court · 1988
  5. Seventeen Seventy-Six Peachtree Corp. v. MillerWisconsin Supreme Court · 1969

3Cited by5 opinions

  1. Foley-Ciccantelli v. Bishop's Grove Condominium Ass'nWisconsin Supreme Court · 2011
  2. State Ex Rel. Town of Delavan v. Circuit Court for Walworth CountyWisconsin Supreme Court · 1992
  3. Citizens' Utility Board v. Public Service CommissionCourt of Appeals of Wisconsin · 2003
  4. Eller Media, Inc. v. State Division of Hearings & AppealsCourt of Appeals of Wisconsin · 2001
  5. Foley-Ciccantelli v. Bishop's Grove Condominium Ass'nWisconsin Supreme Court · 2011

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