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02-0706 KW Holdings LLC v. Town of Windsor, et al. (58190)

By: dmc-admin//November 25, 2002//

02-0706 KW Holdings LLC v. Town of Windsor, et al. (58190)

By: dmc-admin//November 25, 2002//

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KW Holdings LLC, appeals an order of the circuit court that affirmed the decision of the town board of the Town of Windsor rejecting the final plat submitted by KW Holdings. The town board rejected the final plat on the ground that KW Holdings failed to satisfy numerous conditions for plat approval. At the time the town board made this decision, Windsor was contesting annexation by the Village of DeForest of an area containing the property subject to the plat. KW Holdings contends: (1) the preliminary plat was approved without conditions by operation of law; (2) after DeForest adopted the annexation ordinance, Windsor lost authority to impose public improvement requirements and therefore could not reject the final plat for failure to satisfy them; (3) none of Windsor’s reasons for rejecting the plat was valid; and (4) Windsor violated various procedural statutes and ordinances and therefore the rejection of the final plat was invalid.

We conclude: (1) the preliminary plat was not unconditionally approved by operation of law; (2) under Wis. Stat. secs. 236.10(1)(a) and 236.13(2)(a) (1999-2000), Windsor has authority during a legal contest of the annexation to reject the final plat based on a failure to satisfy public improvement conditions; (3) KW Holdings’s failure to satisfy the condition that it widen a right of way was a valid reason for rejecting the final plat; and (4) the decision to reject the final plat was not invalid because of failure to comply with procedural requirements.

Accordingly, we affirm the circuit court’s order.

Not recommended for publication in the official reports.

Dist IV, Dane County, Nicks, J., Vergeront, P.J.

Attorneys:

For Appellant: Troy M. Hellenbrand, Waunakee

For Respondent: Lawrence E. Bechler, Madison; Matthew Fleming, Madison

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