Legal Opinion
In Re Incorporation of Town of Fitchburg
Wisconsin Supreme Court
Decided November 4, 1980No. 80-980PublishedCited by 17 opinions
1Opinion of the CourtWilliam G. Callow, J.
On this review we are asked to decide whether orders denying a town’s motion to dismiss for lack of personal jurisdiction and enjoining a town from incorporating as a city are appealable. We find the injunction order final and thus appealable. But because we also find that the trial court lacked personal jurisdiction over the Town, the order enjoining the incorporation referendum is void.
On March 24, 1980, a petition was filed with the clerk of the Town of Fitchburg (Town) seeking an incorpora*637tion referendum pursuant to sec. 60.81, Stats.1 Acting upon that petition, the Town passed a…
2Cases cited17 opinions
- Wirth v. EhlyWisconsin Supreme Court · 1980
- State v. RabeWisconsin Supreme Court · 1980
- State v. JenichWisconsin Supreme Court · 1980
- Pillsbury v. StateWisconsin Supreme Court · 1966
- Gehr v. City of SheboyganWisconsin Supreme Court · 1977
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- City of Madison v. Town of FitchburgWisconsin Supreme Court · 1983
- O'Malley, Robert C. v. Litscher, Jon E.Court of Appeals for the Seventh Circuit · 2006
- City of Madison v. Town of MadisonCourt of Appeals of Wisconsin · 1985
- Radoff v. Red Owl Stores, Inc.Wisconsin Supreme Court · 1982
- Harder v. PfitzingerWisconsin Supreme Court · 2004
12 more not listed; retrieve them via the Exa API.