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Town of Waukesha loses voice in fight against Brookfield incorporation

March 26, 2012

A Waukesha Circuit Court has ruled the town of Waukesha cannot continue to act as an intervening party in the Brookfield incorporation case, despite having residents potentially affected by the changes.

The court ruled that the town didn't have adequate documentation to show attorneys had legally approved the town's status as objectors to the incorporation.

According to attorneys for the town, a closed session meeting had been called to discuss the measure and by law all that was needed was to verbally approve the town's position. However, no minutes were approved showing the completion of that vote by the January court date, where such approval was necessary.

Town officials later ratified minutes affirming they had voted in time to show the court. The problem was that vote took place after the court's deadline and it was determined that was insufficient. That leaves the town, with perhaps the most directly affected community base, without a voice on the panel of communities objecting to this incorporation process.

Waukesha County Circuit Judge Donald J. Hassin Jr. has already ruled that the town of Brookfield's petition meets the legal standard, which is why the petitions and paperwork have been sent to the state for review.

Last week's hearing was part of the process to deal with a possible appeal from the surrounding communities. For now, the town of Waukesha will not be part of that appeal process.

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