Legal Opinion
Town of Merrimac v. Village of Merrimac
Court of Appeals of Wisconsin
Decided May 22, 2008No. 2007AP2491PublishedCited by 3 opinions
1Opinion of the Court
LUNDSTEN J.
¶ 1. The question before us is whether Wis. Stat. § 66.0217(11)(c) bars a town from contesting in court a particular type of annexation, namely, a direct annexation by unanimous approval under § 66.0217(2). The Village of Merrimac annexed property located in the Town of Merrimac under § 66.0217(2), and the Town brought suit. We agree with the circuit court that § 66.0217(ll)(c) bars the Town's suit and that the Town may not obtain review of the annexation by the common law writ of certiorari. Accordingly, we affirm the circuit court.
Background
¶ 2. Property owners in the Town…
2Cases cited12 opinions
- State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
- State v. PettitCourt of Appeals of Wisconsin · 1992
- Borgnis v. Falk Co.Wisconsin Supreme Court · 1911
- State Ex Rel. Kaczkowski v. Fire & Police CommissionersWisconsin Supreme Court · 1967
- State v. GouletteWisconsin Supreme Court · 1974
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3Cited by3 opinions
- Town of Lincoln v. City of WhitehallCourt of Appeals of Wisconsin · 2018
- Voters with Facts, Pure Savage Enterprises, LLC v. City of Eau ClaireCourt of Appeals of Wisconsin · 2017
- Darboy Joint Sanitary District No. 1 v. City of KaukaunaCourt of Appeals of Wisconsin · 2013