Lisbon is pursuing legal action against Sussex, alleging the village is interfering with the town's incorporation efforts

Claiming that the village of Sussex is interfering with its incorporation plans, the town of Lisbon is pursuing legal action against the village.

Sussex is making its own accusations, maintaining that Lisbon officials violated the court-ordered cooperative agreement created in 2001 between the two municipalities.

Sussex Administrator Jeremy Smith attended the Nov. 6 meeting between Lisbon and Merton at which they discussed their proposed comprehensive plan. At the meeting, he read a six-page document elaborating on Smith's concerns over Lisbon's incorporation process and its ability to adopt a comprehensive plan. 

"The adoption of this cooperative plan very well might end any cooperation between Lisbon and Sussex," Smith wrote. 

Smith also wrote that Lisbon has violated its court-ordered cooperative plan with Sussex. "They have violated the boundary stipulation on several occasions this year as they believe these cooperative plans will lead them to rights beyond the stipulations," he wrote.

Lisbon officials discussed Smith's letter in closed session Nov. 11, then voted unimously in open session to pursue legal action against the village. Town Attorney Jim Hammes said the document and Smith's actions in reading it were an attempt to interfere with Lisbon's goal of becoming a village.

Hammes said the town filed documents seeking a contempt of court order against the village on Nov. 15. The town has a scheduling conference with the county at 10 a.m. Nov. 26.

Hammes said that any interference from Sussex violates the 2001 cooperative agreement between the two municipalities, as the agreements states that Sussex cannot interfere with Lisbon's incorporation efforts. He added that Sussex interfered with the town's past incorporation attempts, with the last being in 2011.

"The town frankly has let (past interference from Sussex) go. It has gone to the point that we cannot ignore it," said Hammes. "The village administrator (of Sussex) opposes the boundary meeting, and this showed when he read the six-page document."

Why does Sussex care about Lisbon's incorporation?

Smith declined to discuss any legal or pending legal issues but he did say he felt that Lisbon has violated the court-ordered 2001 cooperative agreement with Sussex.

"The reason we care is because some of the things (with the boundary agreement and with incorporation) do impact the boundary stipulation," said Smith.  "It is our job to protect that." 

As examples of the town's violation of the agreement, Smith cited zoning inconsistencies and a failure to follow the land-use plan. For instance, the town used a BP (Business Park) zoning when it should have used an M2 zoning, Smith said. "They did not follow the standards of the law," said Smith.

"We are concerned about items in the boundary agreement being followed. If it is not being followed now, why would that get any better?" Smith asked.

But Hammes and the town officials disagree.

"We did not violate or are aware of any violation with the cooperative plan (with Sussex)," said Hammes. "We worked with the village." 

Smith said he always held the door open for the Lisbon officials to talk to Sussex. "We always said we are willing and able to talk," he said.

Incorporation vote

Hammes said a referendum on incorporation should be before Lisbon voters before the end of June 2020.

For more information about the town's incorporation efforts, visit townoflisbonwi.com/420/Incorporation.

Cathy Kozlowicz can be reached at 262-361-9132 or cathy.kozlowicz@jrn.com. Follow her on Twitter at @KozlowiczCathy.