Trempealeau County Municipalities Could Reach Deal To Avert Annexation Lawsuit

The western Wisconsin community of Independence could possibly strike a deal with two nearby towns to prevent them from filing a lawsuit challenging Independence’s recent annexation of a frac sand mine.

At this point, the Trempealeau County towns of Lincoln and Burnside are still planning to file a lawsuit against Independence for annexing the mine, which is more than a mile from its boundaries. The mayor of Independence, however, has met with the town board chairs about a possible deal that could prevent the suit.

Lincoln Town Board Chair Jack Speerstra said the deal would establish a type of boundary agreement — in essence, a promise that Independence would not annex any more of the towns’ land. Speerstra said he hopes an agreement can be reached.

“Well, you don’t want to sue your neighbors. And if we can come up with something that solves the problem without taking all the risk and the time and all of the problems that come with litigation, then it’s probably better for everyone,” he said.

Speerstra said a lawsuit could cost as much as $80,000.

“It doesn’t necessarily break the bank, but I don’t think the town residents want us to squander their money either,” he said. “Trying to be good stewards of that money is important as well.”

Despite the cost, many residents who encouraged the towns to sue say it will send a message to cities and may stop a flood of annexations of frac sand mines. Speerstra said that going as far as the towns did with the lawsuit may have already had an effect.

“Maybe the threat of litigation, or going as far as we have, has forced somebody to look at perhaps changing their ways versus the litigation,” he said.

As of right now, the towns of Lincoln and Burnside plan to file their lawsuit against Independence in Trempealeau County Circuit Court on Monday. Officials with Independence didn’t immediately respond to requests for comment.