BROWN COUNTY (NBC 26) — A judge has ruled in favor of the Village of Howard over the annexation of 39.9 acres from the Town of Pittsfield, court records show.
Brown County Circuit Judge Samantha Wagner ruled Tuesday that the annexation is valid under Wisconsin Statute 66.0223, which allows villages and cities to annex noncontiguous land they own if it is “lying near” their boundaries.
The Town of Pittsfield filed a lawsuit over the annexation last September, arguing the site — located 1.3 miles from the Village of Howard’s nearest boundary — was not “near” the village as required by law.
The town also argued the annexation violated the state’s common‑law rule of reason, which is meant to prevent arbitrary boundary changes, require a reasonable need for the property and guard against abuses of municipal discretion.
Wagner ruled “near” is not specifically defined in statute and should be interpreted on a case‑by‑case basis. In this case, she found the property’s direct highway connection and walking‑distance proximity met the requirement.
The judge also concluded the rule of reason does not apply to annexations of municipally owned property under 66.0223. Even if it did, she said Howard’s annexation would satisfy all three conditions.
In her decision, Wagner wrote: “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 means the property, previously in Pittsfield’s jurisdiction, will remain part of Howard.
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