Town of Mt. Pleasant v. City of Racine

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 *44is 153 feet wide where it touches the southwest corner of the Racine city limits, and also where it connects with the boundaries of the annexed area. At the time of the passage and approval of the annexation ordinance, there was no dedicated street in existence through the corridor — although such a street was established on March 18, 1963 — and there were no other city streets giving access thereto. The main portion of the annexed property was platted for 328 residential lots with an expected future population of 1,148 persons. Prior to the annexation the town had entered into a contract with the city providing for sewage disposal, in the area and a sewerage system was under construction. The town had also received authorization from the public service commission to construct water public utility service to the area, with water supplied by the city. The town of Mt. Pleasant maintains a police force, is part of a school district, has street-grade ordinances, an agreement for fire protection with the city and an adjacent village, and all the usual incidents of municipal corporations.

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

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