AB 879

Under current law, all or part of a town or more than one town may incorporate

as a city or village by a number of methods. Under the most generally applicable

method, the procedures include the following:

1. The circulation of an incorporation petition in the territory to be

incorporated, and the filing of the petition with the circuit court.

2. A circuit court hearing on the petition at which the court determines whether

a number of statutory standards are met, including resident population and

population density.

3. If the court finds that the standards are met, a review of the petition by the

Incorporation Review Board (board) for a determination on whether a number of

statutory standards are met, including the characteristics of the territory, the level

of governmental services that are desired or needed by the residents compared to the

level of services offered by the proposed city or village, the impact upon the

remainder of the town from which the territory is to be incorporated, and the impact

of the proposed incorporation on the metropolitan community. If the board dismisses

the petition, the circuit court must issue an order dismissing the petition.

4. If the board grants the petition, the circuit court must order an incorporation

referendum. If a majority of the votes on the referendum are cast in favor of a village

or city, the secretary of state must issue and record a certificate of incorporation.

The 2007 Biennial Budget Act (

2007 Wis. Act 20

) contained a provision, stating

that, notwithstanding the current procedures for the incorporation of a town as a city

or a village, the town of Ledgeview in Brown County may incorporate as a village

upon a successful referendum. The Wisconsin Court of Appeals in

State ex rel.

Kuehne v. Burdette

, 320 Wis. 2d 784 (2009), held that the statute providing the

special procedure for the incorporation of the town of Ledgeview was enacted in

contravention of a provision of the Wisconsin Constitution restricting the enactment

of a special or private law and permanently enjoined the town from incorporating

under the statute.

This bill repeals the special provision regarding the incorporation of the town

of Ledgeview.