Judge puts Town of Brookfield incorporation bid on hold

Oct. 16, 2012
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By Bruce Vielmetti of the Journal Sentinel

Oct. 16, 2012 0

A Waukesha County judge has put the brakes on a state proceeding to decide the Town of Brookfield's bid to become a village.

Circuit Judge James A. Kieffer on Monday granted the Town of Waukesha's request for an emergency stay of actions at the Incorporation Review Board that had been set for next week, pending the outcome of the town's appeal of a decision by another Waukesha judge to dismiss the Town of Waukesha from the case.

It's just the latest delay in the Town of Brookfield's effort to obtain village status, a move opposed by the Town of Waukesha over the planned annexation of part of its land into the new municipality.

The Incorporation Review Board, part of the Department of Administration, would ultimately issue a decision for or against the incorporation after a public hearing.

Based on the board's finding, Kieffer would either dismiss the incorporation petition or order a referendum of those living in the proposed village.

The Town of Waukesha was dismissed from the court case in March when a judge ruled it missed a deadline for submitting authority to challenge the petition. If it does not prevail on appeal and get reinstated as a party, it won't have standing to appeal any later decision on incorporation.

The Cities of Waukesha and Brookfield, and the Village of Sussex, are parties to the petition and were in mediation with the Town of Brookfield over the summer.

The proposed village would cover 4.2 square miles centered near Goerkes Corners, where I-94 and Highway 18 meet, and where Marcus Corp. plans to develop The Corners residential and retail development, anchored by a Von Maur department store.

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About Bruce Vielmetti

Bruce Vielmetti writes about legal affairs.

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