Town of Fond Du Lac v. City of Fond Du Lac

When this matter came before us on appeal, the court was informed an appeal had been taken from the final judgment determining the merits of the controversy; this court then held this appeal in abeyance so both cases could be decided together.

The plaintiffs contend the trial court exceeded its powers in directing the city to assess the property by its order of July 30th on the ground the city’s enactment of the annexation ordinance in violation of the temporary restraining order was not effective to annex the territory and, consequently, only the town of Fond du Lac could assess the property.…