Town of Lincoln v. City of WhitehallAnnotate this Case
The Supreme Court reversed the decision of the court of appeals affirming the circuit court's orders granting the City of Whitehalls' motion to dismiss the Town of Lincoln's action challenging the City's annexation of a portion of the Town, holding that the court of appeals erred in limiting the grounds on which the Town may challenge the annexation.
On appeal, the Town argued that the decision of the court of appeals was based on the erroneous classification of the petition as one for direct annexation by unanimous approval even though the annexation petition lacked the required signatures of all landowners. The Supreme Court agreed, holding (1) the annexation petition was not a petition for direct annexation by unanimous approval; and (2) because the limitations on annexation challenges set forth in Wis. Stat. 66.0217(11)(c) pertain only to petitions for direct annexation by unanimous approval, those limitations did not apply in this case.