Town of Burke v. City of Madison

In this consolidated appeal, we address the contention that a notice of claim is not required when a town files a lawsuit pursuant to § 66.021, Stats., objecting to a city's annexation of a town's land. Because the Town of Burke brought its claims pursuant to a specific statutory scheme devised by the legislature to effect and to resolve objections to annexations in a timely fashion and because the policies which underlie § 893.80(1), Stats., would not be furthered by requiring that a notice of claim be filed prior to the Town's commencing suit, we affirm the decision of Dane County Circuit…