Municipalities – Contract

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Civil

WI Court of Appeals – District II

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

Municipalities – Contract

2014AP1576 City of Menasha v. Waverly Sanitary District

The City of Menasha, the Town of Harrison and the Waverly Sanitary District entered into an intermunicipal agreement that neither the City nor the Town “shall make any attempt to dissolve and take over” the sanitary district without the others’ consent. Part of the territory in the Town incorporated into the Village of Harrison, and now, the City seeks a declaration that it has the right to take over the Waverly Sanitary District, despite its agreement. We conclude that the agreement to opt out of the statutory scheme governing transfer of ownership and control of a town sanitary district when part of a territory served by the district incorporates, is expressly authorized under WIS. STAT. § 60.79(2) (2013-14)1 and affirm the circuit court’s dismissal of the City’s complaint for declaratory judgment asserting its right to ownership and control the town sanitary district

Decision

Affirmed

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.