Town of Walworth v. Village of Fontana-On-Geneva Lake

On February 21, 1977, the Village of Fontana-on-Geneva Lake adopted an ordinance annexing certain noncontinguous property owned by it in the Town of Walworth, Walworth County, Wisconsin. The land was unoccupied and was the site for the village well. Before passing the ordinance, the village indicated that it intended to also use the land for a public ball park.

At the time the ordinance was passed, Walworth County had an ordinance limiting the permitted uses for certain land, including the land owned by the village. Under the ordinance, the use of the land as a well was permitted, but the use…