Statutory Interpretation – Boundary Changes – Notice Requirements

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Civil

WI Court of Appeals – District II

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Statutory Interpretation – Boundary Changes – Notice Requirements

2014AP2828 City of Kaukauna v. VIllage of Harrison

In 2013, the Village of Harrison was born from land within the Town of Harrison. Shortly thereafter, the Town and Village of Harrison entered into an intergovernmental cooperation agreement that transferred additional land to the Village and provided for the sharing of services between the two communities. The Cities of Kaukauna and Menasha, the Village of Sherwood, and individual property owners (collectively, the “Challengers”) argue that the intergovernmental cooperation agreement is void as it involved a “major” boundary change that exceeds the scope allowed by statute and that the Town and Village did not strictly comply with statutory notice requirements. We disagree and affirm the circuit court. The plain language of WIS. STAT. § 66.0301(6) (2013-14) does not limit the scope of boundary changes to only “modest” changes nor does it impose any notice requirements beyond those met by the Town and Village of Harrison in this case.

Decision

Affirmed – Recommended for Publication

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.