Town of Nasewaupee v. City of Sturgeon Bay

The City of Sturgeon Bay appeals a declaratory judgment holding that an annexation referendum that ended in a tie nullified all previous proceedings, including the passage of an annexation ordinance. The city argues that a tie is not a vote "against annexation” pursuant to sec. 66.021(5Xg), Stats., and that sec. 66.021(5)(d), which provides for the language to be contained in an annexation referendum ballot, is directory rather than mandatory. We disagree, and therefore affirm.

The underlying facts are undisputed. The city adopted an annexation ordinance to annex territory located in the Towns…