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Municipalities — drainage districts — dissolution

Wisconsin Court of Appeals


Municipalities — drainage districts — dissolution

This case concerns a petition filed by certain landowners who own property located within the Juneau County Little Yellow Drainage District to dissolve the District pursuant to Wis. Stat. § 88.82. (2011-12). The circuit court granted the petition and dissolved the District on the ground that the landowners were no longer receiving a benefit from the District because the District was no longer primarily being used for its original purpose, which the court found was to enhance farming opportunities. Based on this finding, the court concluded that the landowners had met their burden to prove that dissolving the District would promote the “public welfare,” one of the three criteria that landowners must meet for a court to dissolve a drainage district under § 88.82. ¶2 The dispositive issue on appeal is whether the evidence was sufficient to establish that “the public welfare will be promoted by dissolution of the district.” Wis. Stat. § 88.82(3). We conclude that it was not. We therefore reverse and remand to the circuit court to enter an order dismissing the dissolution petition. Not recommended for publication in the official reports.

2010AP1601 In the matter of: Juneau County Little Yellow Drainage District

Dist IV, Juneau County, Wolf, J., Higginbotham, J.

Attorneys: For Appellant: Hollenbeck, Fred D., III, Mauston; For Respondent: Taggart, Patrick Joseph, II, Sauk City

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