2009AP1871, 2009AP2181 Town of Rockland v. Green Bay Metropolitan Sewerage District, et al.

Listen to this article

Municipalities
Annexation; judicial review

In appeal No. 2009AP2181, Green Bay Metropolitan Sewerage District (GBMSD) appeals a circuit court judgment that modified a GBMSD Commission decision annexing the City of De Pere to the District. The Commission decision had incorporated an “Annexation and Consolidation Agreement” between De Pere and GBMSD. The circuit court modified the Commission decision by invalidating a provision of the annexation agreement regarding future sewer service to the Town of Rockland. GBMSD argues Rockland both lacked standing to petition for Wis. Stat. ch. 227 review and forfeited its right to review by failing to preserve its arguments. Alternatively, GBMSD argues the circuit court lacked the authority to review any issues except whether the Commission properly applied the three statutory annexation criteria.

We affirm the Commission’s decision because Rockland’s challenge, as raised, was brought in the wrong forum. The circuit court had the authority to determine not only whether the Commission had applied the proper factors, but also whether the Commission exceeded the scope of its authority. See Wis. Stat. § 227.57(8). However, because Rockland argues not that the Commission lacked authority to create rules via an annexation decision, but that a particular rule is invalid, Rockland must challenge that rule in a Wis. Stat. § 200.45(1)(d) declaratory judgment proceeding. Thus, the circuit court lacked authority to modify or reverse the Commission’s decision.

In appeal No. 2009AP1871, De Pere, which was not a party below, appeals the same circuit court judgment that GBMSD appeals, as well as an order denying De Pere’s motion to intervene or specially appear in the Wis. Stat. ch.

227 review proceeding. As De Pere abandons any argument that the circuit court erroneously denied its motion to appear, we dismiss De Pere’s appeal because it is not a party. Not recommended for publication in the official reports.

2009AP1871, 2009AP2181 Town of Rockland v. Green Bay Metropolitan Sewerage District, et al.

Dist III, Brown County, Atkinson, J., Hoover, P.J.

Attorneys: For Appellant: Schmidt-Lehman, Judith, De Pere; For Respondent: Rossmeissl, Andrew J., Appleton; Nicks, Joseph M., Green Bay

Full Text