Municipalities — Villages — incorporation

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Wisconsin Court of Appeals

Civil

Municipalities — Villages — incorporation

There is no language in the incorporation statutory scheme set forth in Chapter 66 that requires two towns with territory that is the subject of an incorporation petition to enter into a boundary agreement in order to meet the minimum area requirement for a village.

“The Town argues that the circuit court erroneously concluded that the four-square-mile minimum area requirement was met, as set forth in WIS. STAT. § 66.0205(5), and consequently the court erred in denying the Town’s motion to dismiss the petition. As to this issue, the Town argues that the minimum area requirement was not met here because the petition combined territory from the two towns, and the area sought to be incorporated from each town, standing alone, could not satisfy the requirement. The Town argues that the only way by which the requirement could be met is by joining territory from the two towns, by way of a boundary agreement, and here no such agreement exists. The Town, however, provides no support for its assertion that there needed to be a boundary agreement.”

“As we have indicated, it is undisputed that the entire territory sought to be incorporated consists of more than four square miles, but that the area sought to be incorporated from each town, standing alone, is less than four square miles. Thus, in order to meet the minimum area requirement here, it is necessary to count the areas sought to be incorporated from both towns together.”

Affirmed in part, and Reversed in part.

Recommended for publication in the official reports.

2012AP919 Walt v. City of Brookfield

Dist. II, Waukesha County, Hassin, J., Higginbotham, J.

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