Village of Howard sign, February 7, 2023. PC: Fox 11 Online
BROWN COUNTY, WI (WTAQ-WLUK) – Howard’s annexation of land in Pittsfield is legal, a judge has ruled.
The town of Pittsfield filed suit against the village of Howard in September, claiming the village’s planned annexation of 39.9 acres of land near County Highway U was illegal, as it was too far from village borders.
In her seven-page ruling, signed Tuesday, Judge Samantha Wagner said the issue is if the land meets the statutory definition of being “near” the village.
“The annexed property in dispute here is off Highway U and between School Drive (first left) and Kunesh Road (second left) when heading north into Pittsfield from Howard. It is undisputed between the parties that the distance from the Howard border to the annexed property is 1.3 miles. To get to this property you take one road into Pittsfield, and then turn into the property before you even reach the second road on your left. If you were to walk from the boundary of Howard to the property it would take the average person between 15-20 minutes. This Court believes this on its face makes the property “near.”,” the ruling states.
The decision states Howard’s plans for expansion in the area are not “far fetched.”
“This Court sympathizes with Pittsfield’s sentiment that the property was bought in secret and if these annexations were to continue, the future of small towns is in question, but that is not a consideration this Court can consider when determining the plain meaning of the statute,” the ruling states.
The decision in Howard’s favor could be appealed.
Comments