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WOOD
DECISION CLOUDS FUTURE OF TOWNS,
REGIONAL PLANNING
Atty Mark Hazelbaker
The impact of
the Wisconsin Supreme Court's decision in the case of Wood vs.
City of Madison continues to reverberate many weeks after
the opinion was released. As you may recall, in that decision,
the Wisconsin Supreme Court held that cities and villages may object
to proposed land divisions in the extraterritorial jurisdiction of
the city or village on the basis of the adopted plans of the city or
village. In practical terms, this gives cities or villages an
effective veto over land divisions and, therefore, most development
in their extraterritorial areas, which is the 1 ½-mile or 3-mile
area adjacent to the village or city boundary.
The Supreme Court decision was immediately hailed by city and
village interests as a victory which enhanced city and village
authority to control growth on their periphery. However, for
towns, the impact is decidedly negative. The decision may
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