By: Derek Hawkins//September 2, 2015//
By: Derek Hawkins//September 2, 2015//
Civil
WI Court of Appeals – District II
Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.
Statutory Interpretation – Boundary Changes – Notice Requirements
2014AP2828 City of Kaukauna v. VIllage of Harrison
In 2013, the Village of Harrison was born from land within the Town of Harrison. Shortly thereafter, the Town and Village of Harrison entered into an intergovernmental cooperation agreement that transferred additional land to the Village and provided for the sharing of services between the two communities. The Cities of Kaukauna and Menasha, the Village of Sherwood, and individual property owners (collectively, the “Challengers”) argue that the intergovernmental cooperation agreement is void as it involved a “major” boundary change that exceeds the scope allowed by statute and that the Town and Village did not strictly comply with statutory notice requirements. We disagree and affirm the circuit court. The plain language of WIS. STAT. § 66.0301(6) (2013-14) does not limit the scope of boundary changes to only “modest” changes nor does it impose any notice requirements beyond those met by the Town and Village of Harrison in this case.
Decision
Affirmed – Recommended for Publication