SAFE WATER ASS'N. v. CITY OF FOND DU LAC

No. 93-2275.

184 Wis.2d 365 (1994)

516 N.W.2d 13

SAFE WATER ASSOCIATION, INC., Plaintiff-Appellant, v. CITY OF FOND DU LAC, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided April 27, 1994.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Scott C. Matthew, Law Office of Scott C. Matthew of Fond du Lac.

On behalf of the defendant-respondent, the cause was submitted on the brief of Kristine A. Euclide, Barbara A. Neider, Kevin S. Thompson, Stafford, Rosenbaum, Rieser & Hansen of Madison.

An amicus curiae brief was submitted on behalf of the American Dental Association, American Medical Association, Wisconsin Dental Association, The State Medical Society of Wisconsin, American Academy of Pediatric Dentistry, American Association of Dental Research, The International Association of Dental Research, The American Association of Public Health Dentistry and The American Public Health Association by Linda M. Clifford, LaFollette & Sinykin of Madison and Peter M. Sfikas and Clay H. Phillips of counsel, Peterson & Ross of Chicago.

An amicus curiae brief was submitted on behalf of the League of Wisconsin Municipalities by Curtis A. Witynski, legal counsel of Madison.

Before Anderson, P.J., Brown, and Snyder, JJ.


ANDERSON, P.J.

Safe Water Association, Inc. appeals from the grant of summary judgment to the City of Fond du Lac (City). Safe Water's complaint attempted to temporarily and permanently enjoin the City from fluoridating water pursuant to an ordinance passed by the Fond du Lac City Council (council). On appeal, Safe Water raises three issues: (1) the stay of discovery until after resolution of the City's summary judgment...

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