Matter of Petition for Incorporation of Town of Pewaukee

Brent J. Redford and the Town of Pewaukee appeal from a judgment affirming the Wisconsin Department of Development's (DOD) determination that three criteria for incorporation of the Town as a city were not satisfied. The Town argues that the DOD mainly disallowed incorporation based on evidence that the Town's territory has been fragmented by various annexations over the years. The Town then submits that, because the DOD played an influential role by approving these annexations, using the resulting fragmentation to deny incorporation is arbitrary or capricious.

The Town further claims that…