Court Error – Annexation

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WI Supreme Court

Case Name: Town of Lincoln v. City of Whitehall

Case No.: 2019 WI 37

Focus: Court Error – Annexation

The petitioner, Town of Lincoln, seeks review of a published court of appeals decision affirming the circuit court’s orders granting the City of Whitehall’s motion to dismiss and motion for summary judgment. The Town aims to challenge the City’s annexation of a portion of the Town. Specifically, the Town contends that the court of appeals’ decision was based on the erroneous classification of the petition as one for direct annexation by unanimous approval even though the annexation petition lacked the signatures of all the required landowners. It asserts that the court of appeals erred in limiting the grounds on which the Town may challenge the annexation.

We conclude that the annexation petition in this case is not a petition for direct annexation by unanimous approval. Because the limitations on annexation challenges set forth in Wis. Stat. § 66.0217(11)(c) (2015-16)2 pertain to petitions for direct annexation by unanimous approval only, such limitations do not apply here. Accordingly, we reverse the decision of the court of appeals and remand to the circuit court.

Reversed and remanded

Concur:

Dissent:

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.