Judge Hands Wausau Third Defeat In Northern Boundary Dispute

The Wausau City Council will meet in closed session Monday night after a judge ruled against the city for the third time in a dispute involving its northern border.

Marathon County Judge Jill Falstad ruled Wausau did not have standing in its attempt to overturn the Wisconsin Department of Administration approval of a boundary agreement involving the new Village of Maine, the Village of Brokaw and the Town of Texas.

Wausau attempted to overturn the boundary agreement because it blocked the city from annexing territory in the Town of Texas, and threatened its contract to supply water to the Village of Brokaw.

Falstad said those concerns were “hypothetical and speculative.”

“Without an actual, non-hypothetical injury, Wausau is not aggrieved by the DOA decision approving the Brokaw/Maine/Texas cooperative plan, and therefor lacks standing to bring this action for judicial review,” the judge ruled.

Falstad previously ruled the city could not annex territory from the new village and could not keep it from incorporating despite alleged open meetings violations.

Wausau Mayor Bob Mielke said the council would meet behind closed doors Monday night and decide whether to continue its fight or drop it.

“Obviously the city is disappointed, because we thought we had very strong merits in the case,” Mielke said. “If we proceed further, or if we let it go, I’m not sure exactly what we’re going to do to be very honest. It’s really up to the council.

“I still want to be good neighbors, if we can,” Mielke said.

Village of Maine Attorney Randy Frojker said it is time for the four communities to stop litigating and start working together.

“We would like to sit down and start working as neighbors,” Frojker said. “There are some things that would be beneficial to everybody if we could sit down and start working (together). And we’re more than happy to go and do that.”

Frojker said the legal expenses for Village of Maine and Town of Texas were “approaching $100,000.” Wausau has spent about $200,000 on the litigation.

Village of Maine incorporated as a village to help its residents deal with millions of dollars of debt as it absorbs the dying paper mill community of Brokaw.