City of Madison - File #: 53831

• File #: 53831
• Version: 1
• Name: Authorizing the City to file a lawsuit against the Village of McFarland to contest annexing land from the Town of Blooming Grove
• Type: Resolution
• Status: Passed
• File created: 11/14/2018
• In control: Attorney's Office
• On agenda: 11/20/2018
• Final action: 12/4/2018
• Enactment date: 12/10/2018
• Enactment #: RES-18-00849
• Title: Authorizing the City Attorney to File Suit Against the Village of McFarland to Contest the Annexation of Certain Lands from the Town of Blooming Grove.
• Sponsors: Samba Baldeh, Paul R. Soglin, Michael J. Tierney

Date	Ver.	Action By	Action	Result
12/4/2018	1	COMMON COUNCIL	Adopt	Pass
12/4/2018	1	FINANCE COMMITTEE	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
12/3/2018	1	PLAN COMMISSION	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
11/20/2018	1	PLAN COMMISSION	Refer
11/20/2018	1	COMMON COUNCIL	Refer	Pass
11/14/2018	1	Attorney's Office	Referred for Introduction

Fiscal Note
No appropriation is required at this time. Litigation activities will be performed by City Attorney's Office staff.

Title
Authorizing the City Attorney to File Suit Against the Village of McFarland to Contest the Annexation of Certain Lands from the Town of Blooming Grove.
Body
WHEREAS, on October 3, 2006, the State of Wisconsin approved the City of Madison and the Town of Blooming Grove Cooperative Plan entered into pursuant to Wis. Stat. Sec. 66.0307. Under the terms of the Cooperative Plan, the Town will continue to exist through November 1, 2027, but will gradually wind down activities before being absorbed by the City. The City and the Town have been working cooperatively together to responsibly address the present and future needs of the Town’s residents, with the Cooperative Plan ensuring the continued viability of the Town through final attachment; and,

WHEREAS, the City and the Village of McFarland formerly had a boundary agreement that generally set Siggelkow Road, east of Marsh Road, as the boundary line between the two municipalities. Under this agreement, the City was not permitted to annex lands south of Siggelkow Road and the Village was not permitted to annex lands north of Siggelkow Road. However, this agreement expired on April 1, 2018; and,

WHEREAS, the Cooperative Plan does not allow for any annexation of lands by the Village north of Siggelkow Road; and,

WHEREAS, on October 9, 2018, Eric, Ianne, and Maurie Peterson, on behalf of Storck Road Farm, LLC and Imp Farm LLC, the owners of the property, along with David and Patricia Gillispie, the two electors residing on the property, filed a revised petition with the Village to annex 147.83 acres of land located at 3341 and 3372 Storck Rd. from the Town of Blooming Grove to the Village of McFarland, land which, being north of Siggelkow Road and east of the interstate, could be attached to the City of Madison at any time under the terms of the Cooperative Plan. These land...