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THORP v. TOWN OF LEBANON

No. 98-2358.

225 Wis.2d 672 (1999)

593 N.W.2d 878

Roy S. THORP and Helene T. Thorp, Plaintiffs-Appellants, v. TOWN OF LEBANON, and County of Dodge, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 11, 1999.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of E. Joseph Kershek of Kershek Law Offices, of Milwaukee.

On behalf of the defendant-respondent, Town of Lebanon, the cause was submitted on the brief of Michael J. Cieslewicz, of Kasdorf Lewis & Swietlik, S. C. of Milwaukee.

On behalf of the defendant-respondent, Dodge County, the cause was submitted on the brief of John M. Moore and W. Scott McAndrew of Bell, Gierhart & Moore, S.C. of Madison.

Before Dykman, P.J., Eich and Vergeront, JJ.

VERGERONT, J.

This dispute concerning the zoning of 225 acres owned by Roy and Helen Thorp in the Town of Lebanon, County of Dodge, is before us a second time on appeal. In our previous decision1 we held that the notice of claim requirements of § 893.80(1), STATS., did not apply to the Thorps' claims of violations of rights secured by the United States Constitution. After remand to the...

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