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Home / Case Digests / 01-0583 In Re: the Incorporation of the Town of Port Washington v. Village of Port Washington

01-0583 In Re: the Incorporation of the Town of Port Washington v. Village of Port Washington

“Thus, when the description and map contained in the petition are viewed together, there can be no doubt as to the location of the territory sought to be incorporated. The territory was clearly identifiable and could be ascertained by the public. Moreover, the errors in the map are inconsequential when compared to the total amount of territory, more than 18 square miles, involved in this case. The 94 acres which are the subject of this dispute comprise less than one percent of the territory sought to be incorporated. We determine that the errors that comprise this tiny fraction of the total incorporation are de minimis and do not render the scale map insufficient so as to void the incorporation petition.”

Reversed and remanded for further proceedings.

Recommended for publication in the official reports.

Dist II, Ozaukee County, Swietlik, J., Brown, J.

Attorneys:

For Appellant: H. Stanley Riffle, Waukesha

For Respondent: Eric E. Eberhardt, Port Washington


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