Home/Wisconsin Supreme Court/City of Beloit v. Towns of Beloit

City of Beloit v. Towns of Beloit

177 N.W.2d 361, 47 Wis. 2d 377, 1970 Wisc. LEXIS 1000
CourtWisconsin Supreme Court
DecidedJune 5, 1970
Docket236
StatusPublished
Cited by21 cases

This text of 177 N.W.2d 361 (City of Beloit v. Towns of Beloit) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Beloit v. Towns of Beloit, 177 N.W.2d 361, 47 Wis. 2d 377, 1970 Wisc. LEXIS 1000 (Wis. 1970).

Opinions

Connor T. Hansen, J.

The City of Beloit’s proposed annexation covers the identical territory which was the subject of an ordinance adopted on February 6, 1967, and held invalid in In re City of Beloit (1968), 37 Wis. 2d 637, 155 N. W. 2d 633. The proposed annexation, now under consideration, is brought pursuant to sec. 66.024, Stats. Both this action and the annexation previously before this court are known as Caravilla Annexations, the name being derived from the initiator of the first pro[380]*380ceeding, Caravilla, Inc., which owns a nursing home located in the proposed annexation area.

The illustration, prepared by this court from the various exhibits in the record, will help put this dispute in perspective. The Caravilla Nursing Home, located in the Town of Rock, is shown at the extreme north of the proposed annexation area. The power plant is in the Town of Beloit and is located northeast of the Rock river, also in the proposed annexation area.

Further background is provided by the following findings of the trial court:

“29. The territory proposed for annexation contains 2,694 acres of land (more than four square miles) and is populated by approximately 436 persons; 33 in the Town of Beloit, 40 in the Town of Turtle, 23 in the Town of Rock outside the Caravilla Nursing Home and approximately 340 in the Town of Rock inside the nursing home. The annexation extends about 2% miles north of the City’s present northern boundary.
“30. The territory lies between the north boundary of the City of Beloit and the south boundary of the City of Janesville. . . .
“31. The power plant is located in the northeast corner of the Town of Beloit. The Town of Beloit’s share of tax revenues from this plant was $253,550.00 in the year 1967, or approximately 16% of the Town of Beloit receipts from all sources and approximately 39% of the Town receipts from sources other than state, county and school tax levies, which levies merely pass through the Town treasury. This sum represents approximately 3% of the City of Beloit’s receipts from all sources.
“32. The present proceeding is the fifth in a series of coordinated attempts (Project X) to annex lands (including the power plant) in the Town of Beloit. The City’s initial attempt at annexation was a proceeding under section 66.024 of the statutes, published September 7, 1966, to annex approximately 13 square miles, including the centers of population in the Towns of Beloit and Turtle. This attempt was defeated in December, 1966, by the filing of protest petitions signed by approxi-
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City of Beloit v. Towns of Beloit
177 N.W.2d 361 (Wisconsin Supreme Court, 1970)

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Bluebook (online)
177 N.W.2d 361, 47 Wis. 2d 377, 1970 Wisc. LEXIS 1000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-beloit-v-towns-of-beloit-wis-1970.