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Public Hearing for Town's Incorporation Bid Set

The public is invited to provide input Oct. 23 at Brookfield Town Hall on the town's request to become a village.

Should the Town of Brookfield be allowed to incorporate as a village? Can it incorporate using lands from the Town of Waukesha over that town's objection?

A state agency will take public input on the Town of Brookfield's incorporation request at a hearing from 1 to 7 p.m. Tuesday, Oct. 23 at Brookfield Town Hall, 645 Janacek Rd.

The state's Incorporation Review Board and Department of Administration will not issue a decision Oct. 23. The state has up to six months to rule on whether the town has met standards to seek voter approval to incorporate.

Written comments may be submitted before and after the public hearing by mailing them to Erich Schmidtke, Division of Intergovernmental Relations, Wisconsin Department of Administration, P.O. Box 1645, Madison, WI  53701. Any such communication must be postmarked no later than Friday, Nov. 2.

Town wants tax base, boundary protection

The town paid $25,000 when it submitted a 62-page petition last winter that outlines the rationale for incorporating. The request was put on hold for months while the Town of Brookfield met with adjacent municipalities and a reserve judge in an attempt to mediate the issues short of incorporation. That mediation effort failed and the state is once again poised to hear and rule on the case.

It's the town's third such attempt; the state ruled against the town in 1999 and 2001.

The Town of Brookfield wants to incorporate primarily to protect the town from further annexation by neighboring cities, and preserve its future autonomous government and tax base. The Corners redevelopment proposal, to be anchored by a Von Maur department store, is another example of why the town wants to future tax base protection to finance public improvements.

In order to incorporate, the town needs additional land because it no longer has the minimum required 4 square miles of territory to become a village or city.

The petition proposes including about 288 acres of continguous land in the Town of Waukesha, south of Greenfield Avenue, west of Springdale Road and east of Highway 164. 

The Town of Waukesha is challenging whether the Town of Brookfield can involuntarily include Town of Waukesha lands in its bid. The Town of Waukesha also is seeking to overturn a circuit judge's ruling excluding the Town of Waukesha from intervening in the case.

Scott Berg October 15, 2012 at 08:12 PM
10-15-2012 Motion hearing Kieffer, James R. Zinda, Lisa Attorney James W Hammes in court for Petitioner Jay Walt, Petitioner Town of Brookfield, and Petitioner In Re The Petition to Incorporate As A Metro Village. Attorney H. Stanley Riffle in court for Interested Person Village of Sussex and Interested Person City of Brookfield. Attorney Julie M Gay in court for Interested Person City of Waukesha. Attorney Karen J Flaherty in court for Interested Person City of Brookfield. Attorney Dean Laing in court for the Town of Waukesha. The Court initially placed this matter on the calendar to address whether this Court should remain on this case. The City of Brookfield hs no objection to this Court remaining. The City of Waukesha concurs. The Petitioners have no objection to this Court remaining. The Court will retain this case based on the statements by counsel. We are here today to address the Town of Waukesha's emergency motion to stay these proceedings pending appeal. Attys Riffle and Gay are prepared to make oral arguments today. Arguments by Attys Laing, Hammes, Riffle and Gay. The Court concludes that a stay should be granted by the Town of Waukesha and allow the Court of Appeals, District 4, to make its decision. Atty Laing to draft Order & submit to the Court under the five (5) day rule. The Court will schedule a Status Conference in February, 2013 as to any decision from the Court of Appeals. Status conference scheduled for February 11, 2013 at 10:00 am.
Scott Berg October 15, 2012 at 08:16 PM
Or, in plain English, the Town of Waukesha asked the Court to order the state to delay the incorporation hearing until various objections by the Town of Waukesha could be addressed by the Court. The judge agreed this morning. I predict an appeal of this stay. The clock is ticking on several aspects of the Town of Brookfield incorporation and the Von Maur project and TIF. A four month delay could be critical. If the Town of Brookfield does appeal this order, it will be proof of how fragile the whole deal is and how desperate the Town or Brookfield is.
Randy1949 October 15, 2012 at 10:07 PM
I sense some desperation myself -- that of the City of Brookfield to torpedo The Corners project, obviously to its own benefit.
Scott Berg October 16, 2012 at 03:50 AM
The only desperation comes from Town Officials worrying that the town residents will catch on to just how ill conceived and risky the whole proposal is and put an end to it. At least the judge agrees that studying the various claims made by the Town of Waukesha deserve to be heard.

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