Town of Merrimac Challenges Village Annexation

							                                  S6911 State Highway 113 – P.O. Box 115
                                            Merrimac, WI 53561
                               Telephone: (608) 493-2588 Fax: (608) 493-2238
                                         www.Tn.Merrimac.Wi.Gov

Department of Administration Warned of Legal Uncertainties
DOA recommends Intergovernmental Agreement in Merrimac Annexation

FOR IMMEDIATE RELEASE
Contact Information:
    Tim McCumber, Town Administrator, Town of Merrimac: 608-493-2588 or 608-963-
       4648
    Attorney Natalie Bussan, Cross, Jenks Mercer & Maffei: 608-356-3981

(MERRIMAC, WI) – The Village of Merrimac annexed the David Gerry property in December of
2006 despite warnings from the Wisconsin Department of Administration (DOA) that the action
“may trigger legal uncertainties”. At issue in the DOA’s letter was the inability to prove the
annexed property was contiguous to the Village.

In a letter dated October 11, 2006, George Hall, Director of Municipal Boundary Review,
questioned a 25 foot strip of land to the east of the Gerry property that separates the Gerry’s from
the village. He noted that because this strip extends into Lake Wisconsin and is owned by
another party, the petitioner had proposed connecting the property by using the water as a
connector to the village.

In the same letter, Hall refers to a 1993 Wisconsin Supreme Court case between the Town of
Delavan and the Village of Delavan. In that case, the court ruled the village could not reach
across a lake to annex noncontiguous properties.

Hall further points out “this connection (by water) may trigger legal uncertainties if challenged”
and adds, “perhaps the best way to resolve this situation would be for the Village and Town to
negotiate an intergovernmental agreement as a way of reconciling how to best provide municipal
services (sewer, water, zoning, etc.) to the small parcels in this area that front the lake.” Town
Chairman Richard Grant has appeared at Village meetings and asked Village Trustees to
consider negotiating such an agreement.

Because the Gerry property is not connected to the Village, the Town contends the Village’s
action was illegal under the Wisconsin Statutes. Town Attorney Natalie Bussan said the statutes
require that lands be connected to the Village in order to be annexed. The Town will ask that the
Court declare that the Village acted beyond its authority and restore the property to the Town.
The Town wants to prevent the Village from annexing additional property that is not connected to
the Village.

The Baraboo News Republic reported that Village President Alan Shanks told them “the
annexation has already received approval from the state Department of Administration, which
regulates municipalities annexing land from rural towns”. Wisconsin Statutes says the DOA
needs to only rule when the case in not in the public interest and such recommendations are only
advisory. The League of Wisconsin Municipalities acknowledges such and says that the DOA’s
determination “is not binding upon the annexing municipality”.

The Town of Merrimac has requested a meeting with the Village to consider resolution of this
situation, including discussions for a boundary agreement. At present, the Town is awaiting a
response.


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