Town of Waukechon, Shawano County v. City of Shawano

Decision Date01 February 1972
Docket NumberNo. 171,171
Citation53 Wis.2d 593,193 N.W.2d 661
PartiesTOWN OF WAUKECHON, COUNTY OF SHAWANO, Appellant, v. CITY OF SHAWANO, Respondent.
CourtWisconsin Supreme Court

Action for declaratory relief by the Town of Waukechon against the City of Shawano to have an annexation ordinance declared void and invalid.

On October 17, 1969, Clara E. Kleemann, sole owner of approximately 15 acres of vacant land located in the Town of Waukechon, petitioned the common council of the City of Shawano, under sec. 66.021(12), Stats., for the direct annexation of her land. By an ordinance enacted on December 9, 1969, the City of Shawano annexed the land. No question is raised with respect to the validity of the preliminary proceedings leading up to the passage of the ordinance.

The annexation resulted in dividing the town into two parts. The area of proposed annexation is a rectangular parcel measuring 575 feet north and south, and 1,575 feet east and west. It is bounded on the east by the City of Shawano, on the west by the Town of Belle Plaine, and on the north and south by the Town of Waukechon. That part of the town lying to the north of the parcel of proposed annexation contains approximately 30 acres and has a population of about 130 persons, which is about 14 percent of the town's total population, and an assessed valuation of $288,500, which amounts to roughly ten percent of the total assessed valuation of the town. In 1964, an attempt to annex this area to the city was defeated by a referendum.

Many municipal services to the area of proposed annexation are presently rendered by the city. There is a joint agreement between the city and the town with respect to snow removal and maintenance of the streets bounding the area. The town presently furnishes no sewer or water facilities to the area, but such services would be made available by the city upon annexation. Fire and police protection are furnished to the area by the city and paid for by the town. Under present town restrictions, the area could be subdivided into 31 lots, while the city would permit subdivision into 39 lots. There was some testimony that the installation of septic tanks on the property could lead to pollution of the Wolf river, which flows to within approximately 500 feet of the area. The department of local and regional planning rendered an advisory opinion that the proposed annexation would not be against the public interest.

The city itself is growing in a southeasterly direction. The area of proposed annexation lies to the southwest of the city, within a few blocks of both an elementary and a high school. Mrs. Kleemann plans to subdivide the area for residential housing.

The trial court upheld the validity of the annexation ordinance, dismissing the town's complaint. The town appeals from this judgment.

Douglas D. Winter, Shawano, for appellant.

Gerald L. Koenig, City Atty., Shawano, for respondent.

HANLEY, Justice.

The sole issue presented upon this appeal is whether the annexation ordinance should be declared void and illegal as violative of the 'rule of reason.'

In order to successfully challenge the validity of this annexation ordinance, the town must produce evidence to overcome the common-law presumption of validity which attaches to such ordinances. Mt. Pleasant v. Racine (1965), 28 Wis.2d 519, 524, 137 N.W.2d 656; Town of Menasha v. City of Menasha (1969), 42 Wis.2d 719, 729, 168 N.W.2d 161. Moreover, to be entitled to a reversal, the town must demonstrate that the findings of the trial court are contrary to the great weight and clear preponderance of the evidence. Derusha v. Iowa National Mut. Ins. Co. (1970), 49 Wis.2d 220, 222, 181 N.W.2d 481. We think the town has failed to carry its burden on this appeal.

The town first contends that the area of proposed annexation is not, in a legal sense, contiguous to the city. To support this contention, the town cites Mt. Pleasant v. Racine (1964), 24 Wis.2d 41, 127 N.W.2d 757. In that case, the city of Racine attempted to annex approximately 145 acres of land within the town of Mt. Pleasant. The area of proposed annexation was connected with the existing Racine city limits by a corridor of land 1,705 feet long and varying in width from 306 to 152 feet. This court ruled out the annexation, noting that it was an attempt to annex an isolated area by means of a technical strip a few feet wide, which result did not coincide with legislative intent and which tended to create 'crazy-quilt' boundaries which produced administrative difficulties for both the city and the town. Mt. Pleasant v. Racine (1964), 24 Wis.2d 41, 46, 127 N.W.2d 757. The Town of Waukechon attempts to analogize that case with the instant action. We see no similarity between the cases. The area of proposed annexation herein is rectangular and is contiguous to the city for its entire 575-foot width. This is hardly the 'balloon on a string' annexation condemned in the Mt. Pleasant Case.

The appellant town next contends that the ordinance should be declared void and illegal because it creates an 'island,' citing Town of Fond Du Lac v. City of Fond Du Lac (1964), 22 Wis.2d 533, 126 N.W.2d 201, for the...

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14 cases
  • Town of Wilson v. City of Sheboygan
    • United States
    • Wisconsin Supreme Court
    • February 14, 2020
    ...the circuit court's findings are contrary to the great weight and clear preponderance of the evidence. Town of Waukechon v. City of Shawano, 53 Wis. 2d 593, 596, 193 N.W.2d 661 (1972). ¶12 In order to resolve the Town's contention that the annexation is not contiguous and that the Petition ......
  • Town of Pleasant Prairie v. City of Kenosha, 75--66
    • United States
    • Wisconsin Supreme Court
    • January 18, 1977
    ...so claiming. Town of Lafayette v. City of Chippewa Falls, 70 Wis.2d 610, 618, 235 N.W.2d 435 (1975); Town of Waukechon v. City of Shawano, 53 Wis.2d 593, 596, 193 N.W.2d 661 (1972); Town of Mt. Pleasant v. City of Racine, 28 Wis.2d 519, 525, 526, 137 N.W.2d 656 (1965). The rule of reason do......
  • Town of Lyons v. City of Lake Geneva
    • United States
    • Wisconsin Supreme Court
    • November 28, 1972
    ...feet long and 152--306 feet in width--the parcel was hardly touching or nearby in spite of the corridor. In Town of Waukechon v. Shawano (1972), 53 Wis.2d 593, 193 N.W.2d 661, this court held that where the area proposed for annexation was rectangular and touched for its entire 575-foot wid......
  • Town of Campbell v. City of La Crosse, No. 02-2541
    • United States
    • Wisconsin Court of Appeals
    • November 13, 2003
    ...to them. Id. at 532. It is permissible for them to include only their own property. Id., see also Town of Waukechon v. City of Shawano, 53 Wis. 2d 593, 598, 193 N.W.2d 661 (1972). They may also determine the boundaries so as to insure the annexation's success. Town of Pleasant Prairie, 75 W......
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