Town of Lincoln v. City of Whitehall (Annexation of Town)

Posted on by Hamilton

In Town of Lincoln v. City of Whitehall (2019 WI 37), the Wisconsin Supreme Court held that a petition for direct annexation not signed by all property owners is not a petition “by unanimous approval,” allowing a town to challenge the petition more broadly.

Wis. Stat. § 66.0217(2) requires petitions for “direct annexation by unanimous approval” to list signatures of all property owners and electors in the territory to be annexed. Such petitions by unanimous approval may only be challenged in circuit court regarding the contiguity of the annexed territory to the city (Wis. Stat. § 66.0217(11)(c)).

In this case, Whitehall Sand wanted a sand mine site it was purchasing in the Town of Lincoln to be included in the limits of the City of Whitehall. Whitehall Sand submitted a petition to the city for “direct annexation by unanimous approval”; however, the petition was missing a signature from a railroad owner in the territory.

The City of Whitehall approved the annexation petition. Following the approval, the Town of Lincoln sought review from the Department of Administration (DOA), which determined that the annexed territory was not contiguous. The DOA determination allowed the town to challenge the annexation in circuit court pursuant to Wis. Stat. § 66.0217(11)(c) and § 66.0217(6)(d)(2). The town’s challenges included:

  • The petition was not “unanimous” because it was missing a signature.
  • The annexed territory was not contiguous, as determined by DOA.
  • The annexation was arbitrary.
  • The city was the “real controlling influence” behind the petition.

In response to the town’s challenges, the City of Whitehall argued that Wis. Stat. § 66.0217(11)(c) prevented the town from bringing any challenges other than contiguity. However, the supreme court agreed with the town that, since the petition was not “unanimous” as required by § 66.0217(2), the limitation on challenges to petitions by unanimous approval in § 66.0217(11)(c) did not apply. The court remanded the case to circuit court to rule on the substance of the town’s challenges.