STATE OF WISCONSIN CIRCUIT COURT . WINNEB/npodty? WW: CITY OF MENASHA, WISCONSIN Main Street Menasha, WI 54952-3151, i t, ts 34 ?07.33? a i. or iSIOi?v v. summgo?nst? 9 03 Plaintiff, Case No.: VILLAGE OF FOX CROSSING, WISCONSIN 2000 Municipal Drive - Neenah, WI 54956, TOWN OF MENASHA, WISCONSIN 2000 Municipal Drive Neenah, WI 54956, Case Code: 30703 Defendants. THE STATE OF WISCONSIN, To each person named above as a Defendant: You are hereby notified that the Plaintiff named above has filed a lawsuit or other legal action against you. The complaint, which is attached, states the nature and basis of the legal action. Within twenty (20) days of receiving this summons, you must respond with a written answer as that term is used in chapter 802 ot the Wisconsin Statutes to the complaint. The Court may reject or disregard an answer that does not tollovv the ot the statutes i whe answer must be sent or delivered to the Court Whose address is: Cierk of Courts Winnebago County Courthouse 415 Jackson Street Oshkosh,-Wl 549032808 and to the Plaintiff?s attorney, Pamela A. Captain, at the following address: City of Menasha 140 Main Street, 3rd Floor Menasha, Wl 54952 You may have an attorney help or represent you. It you do not provide a proper answer within twenty (20) days, the Court may grant judgment against you for the award of money or other legal action requested in the complaint, and you mayiose your right to objeot to anything that is or may be incorrect in the complaint. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property. Dated this 29th day of September, 2016. CITY r: By Pamela A. Captain, City Attorney for the City of Menasha SBN: 1023192 140 Main Street . Menasha Wisconsin 54952 (920) 9673608 (920) 967-5273 fax STATE OF WISCONSIN CIRCUIT COURT WINN Jig" 7W jmglai?j G?3iiri1Wm;, Wm CITY OF MENASHA, WISCONSIN i1: QC 1 a 140 Main Street I is Menasha, Wl 5495243151, i} Plaintiff, Case No: Case Code: 30701 V. VILLAGE OF FOX CROSSING, WISCONSIN 2000 Municipal Drive Neenah, WI 54956, TOWN OF MENASHA 2000 Municipal Drive Neenah, WI 54956, Defendants. The plaintiff, City of Menasha, by its City Attorney, Pamela A. I Captain, hereby asserts a Complaint, pursuant to Wis. Stat. 66.0301(6) and 806.04 challenging the vaiidity of an intergovernmental agreement between the Town of Menasha and the Village of Fox Crossing. The City of Menasha alleges as follows: PARTIES 1. Plaintiff City of Menasha (?City? or ?City of Menasha?) is a Wisconsin municipal corporation With its offices at 140 Main Street Menasha Wisconsm 2. Defendant, Village of Fox Crossing, is a Wisconsin municipal corporation with its principal offices at 2000 Municipal Drive in the Village of Fox Crossing, Winnebago County, Wisconsin. 3. Defendant, Town of Menasha, is a Wisconsin town with its principal offices at 2000 Municipal Drive in the Village of Fox Crossing, Winnebago County, Wisconsin. JURISDICTION AND VENUE 4, Winnebago County Circuit Court has jurisdiction over the subject matter of this proceeding and is a proper venue for this action. GENERAL ALLEGATIONS 5. The City of Menasha and Town of Menasha are parties to an lnterrnunicipal Agreement dated April 13, 1998, a copy of which is incorporated herein and attached hereto as Exhibit A. 6. The lntermunicipal Agreement establishes boundaries and facilitates orderiy development for the City of Menasha and Town of Menasha, and sets restrictions with respect to such things as annexation and incorporation. 7. The lnterrnuncipai Agreement at paragraph 2 provides, in pertinent part, boundary iine shall be fixed east of Little Lake Butte des Morts 441. This boundary line is the result of significant 8. On or about April 20, 2016, a portion of the lands that were formerly located in the Town of Menasha were incorporated into the Village of Fox Crossing. The territory of incorporation was outside the boundary line fixed by the lnterrnunicipai Agreement between the City of Menasha and Town of Menasha. 9. On August 17, 2016, the Town of Menasha entered into a second intergovernmental agreement. Provisions of that agreement affect some of the same municipality, the Village of Fox Crossing. A cepy of the second intergovernmental agreement is incorporated herein and attached hereto as Exhibit B. 10. On September 16, 2016. a Petition for Annexation of a parcel in the Town of Menasha was filed with the City of Menasha, a copy of which is incorporated herein and attached as Exhibit C. 11. On information and belief, on September 22, 2016, the Village of Fox Crossing adopted ordinance #160922-1: Amend Village of Fox Crossing Municipal Code Chapter 1 Composition and Duties of General I-Governmentby Adding Chapter 1.13 Ordinance to Assemblish Boundary Line Change Referenced in intergovernmental Cooperation Agreement Entered into on August 17, 2016. 12. Territory that the Town and Village included in their August 17, 2016 intergovernmental agreement iies within the area set forth in the Town and City of Menasha April 13, 1998 lntermunicipal Agreement. 13. The September 16, 2016 annexation petition affects territory that lies within the City of Menasha growth area set forth in the Town and City of Menasha April 13, 1998 lntermunicipal Agreement. 14. The City of Menasha has spent hundreds of thousands of dollars on backbone water and sewer infrastructure, design of subdivisions, construction of park and recreation facilities, roads, and electric utility in reliance on the lntermunicipal Agreement and the designated boundaries. 15. As a result of the August 17, 2016 intergovernmental agreement, the City of Menasha is unable to fully utilize its growth area as the same area cannot become City of Menasha territory. 16. The City of Menasha owns property affected by and described within the August 17, 2016 intergovernmental agreement between the Town of Menasha and the village era "crass. 17. The City of Menasha owns property affected by and described within the ordinance adopted by the Village of Fox Crossing changing boundaries. 16. The August 17, 2016 intergovernmentai agreement between the Town of Menasha and the Viilage of Fox Crossing leaves an unviable remainder of the Town of Menasha. D.) 19. The August 17, 2016 intergovernmental agreement between the Town of Menasha and the Village of Fox Crossing effectively dissolves the Town. CLAIMS FOR RELIEF 1. Plaintiff City of Menasha herein incorporates paragraphs 1 through 20; 2. Plaintiff City of Menasha requests a declaratory judgment declaring invalid and ultra vires the August 17, 2016 intergovernmental agreement between the Town of Menasha and the Village of Fox Crossing. 3. Plaintiff City of lVlenasha requests judgment pursuant to Wis. Stats. ?66.0301(6) that the August 17, 2016 intergovernmental agreement between the Town of Menasha and the Village of Fox Crossing is invalid and ultra vires. 4. Alternatively, Plaintiff City of Menasha requests judgment that the August 17, 2016 intergovernmental agreement between the Town of Menasha and the Village of Fox Crossing is ineffective until after the expiration of the April 13, 1998 lntermunicipal Agreement between the Town of Menasha and the City of Menasha. 5. Plaintiff City of Menasha prays for judgment against the Defendants along with such other and further relief as the Court deems just and equitable. Signed this 30fn day of September, 2016. Pamela A. Captain City Attorney for the City of Menasha SBN: 1023192 140 Main Street Menasha, Wisconsin 54952 (920) 967-3608 (920). 967-5273 fax eeantain?cimenasnavirtue