01-1129 In Re: Incorporation of a Portion of the Town of Sheboygan v. City of Sheboygan

By: dmc-admin//October 15, 2001

“We will not hold that the legislature intended to proscribe the circuit court from making this finding. In fact, we believe that the circuit court, in making this finding and in referring the ‘same or substantially the same territory’ finding to the DOA, enabled the incorporation process to continue in an orderly manner while ensuring that minimum standards were followed. This is the purpose of the incorporation statute. Wis. Stat. sec. 66.0201(1).

“The ‘date of entertainment’ was Sept. 28, 2000-the day the Town’s third petition was filed with the circuit court. The circuit court did not exceed its authority in finding that the ‘date of entertainment’ was within one year of the dismissal of the first petition. Our holding properly discerns and gives effect to the intent of the legislature.”

Order affirmed.

Recommended for publication in the official reports.

Dist II, Sheboygan County, Bolgert, J., Anderson, J.

Attorneys:

For Appellant: Michael J. Bauer, Sheboygan

For Respondent: Stephen G. McLean, Sheboygan

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