Home/Wisconsin Supreme Court/Town of Mt. Pleasant v. City of Racine

Town of Mt. Pleasant v. City of Racine

127 N.W.2d 757, 24 Wis. 2d 41, 1964 Wisc. LEXIS 453
CourtWisconsin Supreme Court
DecidedApril 28, 1964
StatusPublished
Cited by33 cases

This text of 127 N.W.2d 757 (Town of Mt. Pleasant v. City of Racine) 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
Town of Mt. Pleasant v. City of Racine, 127 N.W.2d 757, 24 Wis. 2d 41, 1964 Wisc. LEXIS 453 (Wis. 1964).

Opinions

Dieterich, J.

The case was tried upon stipulated facts. The annexed property comprises an area of approximately 145 acres, almost all of which was devoted to agricultural purposes on the date the annexation ordinance- was passed. The map showing the boundaries of the annexed area was made a part of the plaintiff’s complaint, and a copy of this map is reproduced in the opinion.

The property touches upon the Racine city limits only by a corridor approximately 1,705 feet long, and varying in width from approximately 306 feet to 152 feet. The corridor [44]*44is 153 feet wide where it touches the southwest corner of the Racine city limits, and also where it connects with the boundaries of the annexed area. At the time of the passage and approval of the annexation ordinance, there was no dedicated street in existence through the corridor — although such a street was established on March 18, 1963 — and there were no other city streets giving access thereto. The main portion of the annexed property was platted for 328 residential lots with an expected future population of 1,148 persons. Prior to the annexation the town had entered into a contract with the city providing for sewage disposal, in the area and a sewerage system was under construction. The town had also received authorization from the public service commission to construct water public utility service to the area, with water supplied by the city. The town of Mt. Pleasant maintains a police force, is part of a school district, has street-grade ordinances, an agreement for fire protection with the city and an adjacent village, and all the usual incidents of municipal corporations.

The annexed area was a part of the town of Mt. Pleasant and lies wholly within three miles of the corporate limits of the city of Racine. Neither Racine county, which employs a full-time planner, nor the town, has ever approved the plat. Prior to the passage of the annexation ordinance, the Racine common council had received a report from the planning division of the Wisconsin department of resource development, which, among other things, found that the annexation was not against the public interest.

The trial court’s findings of fact were that the corridor contains a full-width street; that the area within the corridor will contain or provide all of the necessary services to the entire annexed area; that the corridor provides a natural and practical connection whereby the area as a whole may be developed as an integral and homogeneous part of the city of Racine; and that the city has a need for additional residential

[0]*0

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Town of Wilson v. City of Sheboygan
2020 WI 16 (Wisconsin Supreme Court, 2020)
Town of Lincoln v. City of Whitehall
2019 WI 37 (Wisconsin Supreme Court, 2019)
Voters with Facts v. City of Eau Claire
Wisconsin Supreme Court, 2018
Town of Lincoln v. City of Whitehall
2018 WI App 33 (Court of Appeals of Wisconsin, 2018)
Fort Morgan Civic Ass'n v. City of Gulf Shores
100 So. 3d 1042 (Supreme Court of Alabama, 2012)
Town of Baraboo v. Village of West Baraboo
2005 WI App 96 (Court of Appeals of Wisconsin, 2005)
Kinslow Round-Up Inc. v. City of Seminole
2004 OK 60 (Supreme Court of Oklahoma, 2004)
In Re De-Annexation of Certain Real Property
2004 OK 60 (Supreme Court of Oklahoma, 2004)
Town of Campbell v. City of La Crosse
2003 WI App 247 (Court of Appeals of Wisconsin, 2003)
Griffin v. City of Robards
990 S.W.2d 634 (Kentucky Supreme Court, 1999)
In re Petition to Annex 95 Acres to Nelsonville
682 N.E.2d 734 (Athens County Court of Common Pleas, 1997)
(1997)
82 Op. Att'y Gen. 87 (Maryland Attorney General Reports, 1997)
Town of Hallie v. City of Eau Claire
501 N.W.2d 49 (Court of Appeals of Wisconsin, 1993)
STATE EX REL. DOT v. City of Milford
576 A.2d 618 (Court of Chancery of Delaware, 1989)
Opinion No.
Arkansas Attorney General Reports, 1989
City of Middletown v. McGee
530 N.E.2d 902 (Ohio Supreme Court, 1988)
Huyck Corp. v. Town of Wake Forest
356 S.E.2d 599 (Court of Appeals of North Carolina, 1987)
Mutz v. Municipal Boundary Commission
688 P.2d 12 (New Mexico Supreme Court, 1984)
City of Beloit ex rel. Beloit City School Board v. State Appeal Board
309 N.W.2d 392 (Court of Appeals of Wisconsin, 1981)
Town of Medary v. City of La Crosse
277 N.W.2d 310 (Court of Appeals of Wisconsin, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
127 N.W.2d 757, 24 Wis. 2d 41, 1964 Wisc. LEXIS 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-mt-pleasant-v-city-of-racine-wis-1964.