Court Error – Annexation Petition

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WI Supreme Court

Case Name: Town of Wilson v. City of Sheboygan

Case No.: 2020 WI 16

Focus: Court Error – Annexation Petition

Kohler Company sought to convert 247 acres of land located in the Town of Wilson into a world championship golf course. After determining that the golf course development would not come to fruition if the land remained within the Town’s boundaries, Kohler successfully petitioned for annexation to the City of Sheboygan. In response, the Town filed a declaratory judgment action alleging that the annexation was “arbitrary, capricious, non-contiguous, an abuse of discretion, and otherwise procedurally and substantively non-compliant with [the City’s] annexation authority under Chapter 66, Wis. Stats, and existing Wisconsin case law.” The City moved for partial summary judgment regarding the annexation petition’s compliance with the population certification requirement in Wis. Stat. § 66.0217(5)(a) (2017-18), which was granted. The circuit court ultimately conducted a bench trial and concluded that the annexation satisfied the statutory contiguity requirement and the “rule of reason.” The circuit court further concluded that the annexation petition fully satisfied the procedural requirements of § 66.0217. Consequently, the circuit court dismissed the action in full.

On bypass from the court of appeals, the Town asks us to review whether: (1) the annexation satisfies the statutory contiguity requirement; (2) the annexation satisfies the rule of reason; (3) the annexation petition strictly complied with the signature requirements in Wis. Stat. § 66.0217(3); and (4) the annexation petition strictly complied with the population certification requirement in § 66.0217(5)(a). We conclude that the annexation is contiguous and satisfies the rule of reason. We also conclude that the annexation petition strictly complied with §§ 66.0217(3) and (5)(a). Therefore, we affirm the circuit court.

Affirmed

Concur: REBECCA GRASSL BRADLEY, J., filed a concurring opinion, in which KELLY, J., joined. HAGEDORN, J., filed a concurring opinion.

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.