Town of Pleasant Prairie v. City of Kenosha

In 1973, Robert and Doris Gangler wished to develop their 14.8 acres of land for industrial purposes. The land was located in the unincorporated Town of Pleasant Prairie (the town) (plaintiff), not zoned for industrial use, and lacking access to sewer and water services. The town did not want the land, which was south of certain railroad tracks, used for industrial development. The Ganglers approached the city planner for the City of Kenosha (the city) (defendant), who advised them on the annexation process. The city council believed that the area south of the railroad tracks was suitable for light industrial use, though rezoning would be necessary. The Ganglers petitioned the city for annexation of a 28-acre rectangular parcel that included the Ganglers’ land and was contiguous to land within the city’s borders. The Ganglers also petitioned for rezoning of the parcel. The city council approved the Ganglers’ annexation petition and referred the zoning petition for further consideration. The town sued the city, alleging that the annexation was invalid. The town argued that it was improper for annexation to be used to effect a rezoning and that the city somehow improperly influenced the Ganglers so that the area south of the railroad tracks could be used for industrial development. The trial court ruled that the annexation was valid, and the town appealed.