Wisconsin Statutes
Wis. Stat. § 60.06 (2026)
Validity of attachment or detachment
✓ current as of July 2026
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60.0660.06 Validity of attachment or detachment. The town board may bring an action to test the validity of an ordinance attaching or detaching all or part of the territory of the town to or from any town, village or city. Any expense incurred by the town board and its agents, attorneys and representatives in the action shall be paid by the town.
60.06 AnnotationNo tort liability can attach to the exercise of a town’s legal right to challenge an annexation. Whispering Springs Corp. v. Town of Empire, 183 Wis. 2d 396, 515 N.W.2d 469 (Ct. App. 1994).
Notes of Decisions
Cited in 6
cases, 1948–2017 · leading case: Est. of Stanley G. Miller v. Diane Storey, 2017 WI 99 (Wis. 2017).
Est. of Stanley G. Miller v. Diane Storey, 2017 WI 99 (Wis. 2017). “But, for whatever reason, the legislature 7 Two of these statutes, Wis. Stat. §§ 60.06 and 814.245, are fee-shifting provisions, demonstrating that even in this context the legislature makes a distinction between "attorneys" and "agents.”
Whispering Springs Corp. v. Town of Empire, 515 N.W.2d 469 (Wis. Ct. App. 1994). “Under § 60.06, STATS., a town board may bring an action to test the validity of an ordinance detaching territory from the town.”
In Re Town of Spread Eagle, 116 N.W.2d 165 (Wis. 1962). “Under the facts of the instant proceeding, the issues on this appeal are: (1) Who qualifies as a resident freeholder under sec. 60.06, Stats.? (2) When is a signer of a petition under sec.”
Darboy Jt. Sanitary Dist. No. 1 v. City of Kaukauna, 2013 WI App 113 (Wis. Ct. App. 2013). “0233 5 and Wis. Stat. § 60.06 6 for the proposition that it has standing.”
Town of Cassian v. Town of Nokomis, 35 N.W.2d 408 (Wis. 1948). “The town of Nokomis was created under sec. 60.06, Stats. Sub. (5) of that section provides that “the credits and indebtedness as between the town so created and the town or towns of which it was formerly a part shall be apportioned according to the provisions of section 66.”
Nelson v. Town of Florence, 122 N.W.2d 440 (Wis. 1963). “Upon the petitioners’ motion to find the original petition as filed met the requirements of sec. 60.06, Stats. 1959, and to implement and effectuate the mandate, the trial court heard arguments of counsel, had the benefit of briefs, and made its findings.”
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