24 Wis. 2d 41 | Wis. | 1964
Lead Opinion
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
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
The major issue raised on the appeal is whether the annexation was void because the area proposed to be annexed is not contiguous to the city of Racine within the requirements of sec. 66.021 (2) (a) 2, Stats.
The statement of agreed facts indicates that the 145-acre tract sought to be annexed touches upon the Racine city limits only by a 1,705-foot long corridor, varying in width from approximately 152 feet to approximately 306 feet.
There is a decided lack of Wisconsin authority on the question of the validity of “corridor” or “strip” annexations. There is, however, no lack of out-of-state authority holding such annexation void. See: Clark v. Holt (1951), 218 Ark. 504, 237 S. W. (2d) 483; Potvin v. Chubbuck (1955), 76 Idaho 453, 284 Pac. (2d) 414; People v. Ihde (1961), 23 Ill. (2d) 63, 177 N. E. (2d) 313; State v. Kansas City (1950), 169 Kan. 702, 222 Pac. (2d) 714; State ex rel. Danielson v. Mound (1951), 234 Minn. 531, 48 N. W. (2d) 855.
This court has authority to review the annexation of territory to a city or village, and apply “the test of reason,” which test is applicable to the inclusion, as well as the exclusion of land by internal or external boundaries. Town of Fond du
The legal as well as the popular idea of a municipal corporation in this country, is that of oneness — a collective body, not several bodies. So, as to territorial extent, the idea of a city is one of unity, and not of plurality; of compactness or contiguity; not separation or segregation. In re Village of Oconomowoc Lake (1959), 7 Wis. (2d) 400, 403, 97 N. W. (2d) 189. See 37 Am. Jur., Municipal Corporations, p. 644, sec. 27; 62 C. J. S., Municipal Corporations, p. 87, sec. 9 b.
Shoestring or gerrymander annexation is not a rare phenomenon. The tendency of subdividers to reach far out into the countryside for vacant land, and their desire to attach it to the city of services, is natural; however, this can lead to annexations which in reality are no more than isolated areas connected by means of a technical strip a few feet wide. Such a result does not coincide with legislative intent, and tends to create crazy-quilt boundaries which are difficult for both city and town to administer. See Cutler, Characteristics of Land Required for Incorporation or Expansion of a Municipality, 1958 Wisconsin Law Review, 6, 33.
By the Court. — The judgment is reversed, and cause remanded with instructions to the trial court to enter judgment declaring the annexation ordinance adopted by the city of Racine on March 7, 1963, void and of no effect.
“(2) Methods of annexation. Territory contiguous to any city or village may be annexed thereto in the following ways:
“(a) Direct annexation. A petition for direct annexation may be filed with the city or village clerk signed by: . . .
“2. If no electors reside in such territory, by a. the owners of one-half of the land in area within such territory, or b. the owners of one-half of the real property in assessed value within such territory.”
Dissenting Opinion
(dissenting). Annexation proceedings are purely statutory.
“Methods of annexation. Territory contiguous to any city or village may be annexed thereto in the following ways
There is no further statutory definition of what the term “contiguous” means.
The majority has engrafted onto the statute the additional requirement that a proposed annexation is subject to review under the “rule of reason” to determine whether the proposed boundary lines are “reasonable in the sense they were not fixed arbitrarily, capriciously, or in the abuse of discretion.”
I see no basis for superimposing this additional requirement. The statute merely requires that the property proposed to be annexed be “contiguous” to the annexing city or village. There is no requirement as to the extent or degree of contiguity. There is no statutory prohibition against a “corri
In the instant case the trial court found that the proposed annexed territory was contiguous to the city and that the requirements of the statute had been met. The record also shows that, prior to enactment of the annexation ordinance, the Racine common council had received a report from the planning division of the Wisconsin department of resource development, finding that the annexation was not against the public interest. This report was submitted pursuant to sec. 66.021 (11) (c) 1 and 2, Stats., which orders the planning division in part to consider whether the proposed territory to be annexed is “contiguous.”
Under present laws cities or villages must consider proposed annexations as presented by petitioners on a “take it or leave it” basis. They may not initiate proposed annexations of territory that they consider should properly be annexed in the orderly development of the urban community. The procedure that is entirely laid out by statute has been evolved over many years by the legislature, which, in almost every biennium, is asked to give careful consideration to changes in these statutes. Especially in view of this legislative history, I do not think that this court should now attach this court-made modification of the requirement of “contiguity.”
If the “rule of reason” is to be engrafted onto sec. 66.021 (2), Stats., in regard to whether or not the proposed annexed area is “contiguous,” then certainly the trial court should have a chance to enter findings on whether the pro
I must respectfully take strong exception to the majority’s conclusion that the proposed boundary lines were unreasonable as a matter of law. I would affirm.
I am authorized to state that Mr. Justice FaiRCHild joins in this opinion.
Madison v. Blooming Grove (1961), 14 Wis. (2d) 143, 109 N. W. (2d) 682; Town of Madison v. City of Madison (1960), 12 Wis. (2d) 100, 106 N. W. (2d) 264.
Town of Fond du Lac v. City of Fond du Lac (1964), 22 Wis. (2d) 533, 541, 126 N. W. (2d) 201.
Joint School Dist. v. Sosalla (1958), 3 Wis. (2d) 410, 88 N. W. (2d) 357; State ex rel. Badtke v. School Board (1957), 1 Wis. (2d) 208, 83 N. W. (2d) 724.