Fort Howard Paper Co. v. Town of Ashwaubenon

100 N.W.2d 915, 9 Wis. 2d 329, 1960 Wisc. LEXIS 292
CourtWisconsin Supreme Court
DecidedFebruary 2, 1960
StatusPublished
Cited by5 cases

This text of 100 N.W.2d 915 (Fort Howard Paper Co. v. Town of Ashwaubenon) 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
Fort Howard Paper Co. v. Town of Ashwaubenon, 100 N.W.2d 915, 9 Wis. 2d 329, 1960 Wisc. LEXIS 292 (Wis. 1960).

Opinion

MARTIN, C. J.

Appellant’s manufacturing plant is located in the town of Ashwaubenon, Brown county, and in the Fox River Heights Sanitary District. The district was created in 1945 and contained about 300 acres of land. Additions were made to it in 1949, 1954, and 1956, after which it contained approximately 526 acres. Two additions made in 1957 were set .aside by stipulation when certain defects in the petitions were discovered.

Involved in the 1957 proceedings were certain areas in critical need of sewer and water service. The town undertook to construct some sewer and water mains in those areas and the district thereafter furnished service via the mains constructed by the town. Those areas are included in the properties requesting annexation in the proceedings involved in the instant case.

On June 11, 1958, the petition questioned here was filed with the town board of Ashwaubenon requesting the addition to the sanitary district of an area containing about 545 acres. It is admitted that the petition contained the signatures of at least 60 per cent of the persons owning real estate or owners of at least 60 per cent of the land within the area proposed to be added. The town board held a public hearing as required by sec. 60.303 (1), Stats., which hearing was attended by property owners in the existing district as well as property owners in the area seeking annexation. Thereafter, on June 28, 1958, the town board entered its order adding the property to the district.

*331 In October of 1958 an additional 47 acres were added to the sanitary district. In none of the proceedings to annex property to the district were the petitions signed by property owners of the pre-existing district.

The proceedings here involved are challenged by the appellant on the ground that the petition did not contain the signatures of property owners in the pre-existing district.

Under sec. 60.301, Stats., town boards are vested with jurisdiction and authority to establish town sanitary districts when conditions stated in sec. 60.303 (3) are found to exist. These conditions are:

“. . . that the petition is signed by the requisite owners of real estate as provided in sub. (1) of sec. 60.302, and that the proposed work is necessary, and that the public health, comfort, convenience, necessity, or public welfare will be promoted by the establishment of such district, and the property to be included in the district will be benefited by the establishment thereof . . .”

Sec. 60.302 (1), Stats., provides:

“Before any town board shall establish a district as heretofore authorized, a petition requesting such establishment shall be filed with the town clerk, addressed to the town board and signed by at least 60 per cent of the persons owning real estate or the owner or owners of at least 60 per cent of the land, within the limits of the territory proposed to be organized into such district.”

Sec. 60.303 (8), Stats., provides:

“Additions and alterations to any such district may be made in the manner provided for the creation of such a district.”

Appellant argues that the words of sec. 60.303 (8), Stats., referring to “the creation of such a district,” must mean the particular district to which the new area is to be added. We cannot agree. Had the legislature intended that meaning *332 it would at least have said “the creation of the district.” In common usage the words “such a district” are words of general meaning denoting the type of district referred to— in this instance, a sanitary district. We cannot read into the language of sec. 60.303 (8) the meaning that every addition to a district is to be treated as a new creation of the entire district.

In sec. 60.302 (1), Stats., the legislature has required that the petition be signed by 60 per cent of the persons owning land or the owners of 60 per cent of the land “within the limits of the territory proposed to be organized into such district.” When additions are to be made to existing districts the “territory proposed to be organized” is the territory proposed to be added. The existing district is already organized.

We must keep in mind the purposes intended to be accomplished by the statutes dealing with the establishment and expansion of sanitary districts.

“The construction of the statute should be made with reference to the purpose of the statute, or in the light thereof, and in harmony and conformity therewith, in order to aid, advance, promote, subserve, support, and effectuate such aim, design, motive, end, aspirations, or object.” 50 Am. Jur., Statutes, p. 286, sec. 303.

Sanitary districts serve a vital public function. Facilities for the supply of water, for drainage and the disposal of sewage, garbage, and refuse, etc., promote and safeguard public health and comfort. Where population is concentrated such facilities and services are essential to the welfare of the public, and the town sanitary-district laws are designed to provide the people in such an area with the means to fulfil those needs. As such population centers expand and the surrounding areas change in character from rural to urban, the need for sanitary-district facilities correspondingly expands.

*333 As the trial court pointed out, the area of a proposed addition might well be too small to make a separate district feasible or lack the value to support one. Even if-feasible, a multiplicity of districts within the same general area would be inefficient and uneconomical, as well as difficult, if not impossible, to administer.

Where this expansion of urban areas occurs, under appellant’s theory of the law it would be necessary for property owners in the proposed addition to secure 60 per cent of the signatures in the combined areas of both the existing district and the addition before the town board would have jurisdiction to act upon their petition. To so construe the section would place too heavy a burden upon those seeking annexation, and the larger the existing district the greater the burden would be. The basic reason for rejecting the appellant’s theory, however, is that such a construction would enable property owners in the existing district to block any expansion of the district and defeat the purpose of the statute.

There can be no doubt that the legislature intended to encourage the organization and expansion of sanitary districts where needed. In addition to the proceedings initiated by the petition of property owners, it has provided that a town board or the state board of health may, under certain circumstances, establish a sanitary district without a petition requesting it. Sec. 60.315, Stats. It has provided that a town board, also without benefit of petition, may add property to a district provided proper hearing is had and proper findings are made. Sec. 60.303 (6).

To hold that the signatures of property owners in an existing district are not required to give the town board jurisdiction to consider the petition is not to deny such property owners a voice in the matter.

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100 N.W.2d 915, 9 Wis. 2d 329, 1960 Wisc. LEXIS 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fort-howard-paper-co-v-town-of-ashwaubenon-wis-1960.