Municipalities — annexation

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Wisconsin Court of Appeals

Civil

Municipalities — annexation

This case involves the interpretation of an agreement that the Village of Rothschild and the Village of Weston entered into in 1993 to settle a dispute over Rothschild’s annexation of property from Weston, including the site of a power plant operated by Wisconsin Public Service (WPS). Under the agreement, Rothschild agreed to pay Weston a percentage of the “power plant revenue” it received from the state each year until 2025. Rothschild argues that the term “power plant revenue” only includes revenue from the three units of the power plant that were in existence in 1993. Weston argues the term also includes revenue from a fourth unit on the same site, which WPS added in 2008. The circuit court concluded the term “power plant revenue” unambiguously encompassed revenue from all four units of the power plant, and it therefore granted summary judgment in favor of Weston. We agree with the circuit court’s analysis and affirm. Not recommended for publication in the official reports.

2011AP1412 Village of Weston v. Village of Rothschild

Dist III, Marathon County, Falstad, J., Peterson, J.

Attorneys: For Appellant: Klingberg, Douglas J., Wausau; Rutlin, Ronald J., Wausau; Symes, Bryan T., Wausau; For Respondent: Yde, Matthew E., Wausau