Pat Tepoorten
Wyoming Township Reporter

The legal action regarding the annexation of roughly 5000 acres of Wyoming Township into Chisago City is now in its final phase, with attorneys for both parties having submitted both a final memorandum and a reply brief.

The final memorandums act as a summation of each entitityís case, and are designed to make the strongest case possible to Administrative Law Judge Kathleen Sheehy.

Wyoming Townshipís final memorandum calls into question the ability of the city to develop such a large area in a timely manner. It argues that actual growth for the area will be far less than the city projects.

It notes that ìonly a fractionî of the area will be developed by 2020, and it will take a hundred years or more to completely urbanize the area.

The document also notes that the affected residents will see a tax increase of 123 percent with what the township calls ìno benefit.î The brief further charges that Chisago City is ìnot prepared to adequately regulate septic systems,î and is ìnot equippedî to take care of the additional roads that would be in its care.

The township summarizes that Chisago City failed to make its case for annexation, and that the annexation is ìnot required to protect the public health, safety, and welfare.î

The city view

Chisago Cityís final memorandum notes the area in question has residential, commercial, and industrial zones within one mile of the city and within two miles of Forest Lake.

Furthermore, that the land use in the area is contiguous with the city. The city notes the township has ìcluster developmentî in the area and the lots in question are ìcomparable to the city.î The brief notes that growth requires annexation and pointed to advantages of annexation, such as improvements to sewer and water systems, police and fire department access and improved land use.

Chisago City view

Chisago Cityís memorandum differs with the townshipís over the expected tax increase to the area, referring to it as a 15 percent increase and further notes it would be ìproportional to the increased level of sewer, water, police, parks and recreation, and administrative services they will receive.î

Furthermore, the city concludes that the area to be annexed is already ìurban, suburban, or about to become so.î

The townshipís reply brief, which acts as an argument to the cityís final memorandum, takes issue with the characterization of the areaÝby the city as ìurban, suburban, or about to become so.îÝ

It accuses the city of making ìgeneral statements and opinionsî to make its case and points to the abundance of land in the greater metro area.

It uses state demographer statistics to imply that growth in the area is on the decline, no less than a 50 percent decline over the next 20 years, and calls those statistics the ìbest evidenceî of future growth fluctuations.

The brief further accuses the city of failing to demonstrate a need for additional services, and for failing to demonstrate that septic systems are a threat to public health.

The brief concludes thatÝannexation is ìnot in the best interestî of the area, and does not comply with the state legislature's intent.

ìThe cityís evidence lacks specificity and authentication,î and ìshould be denied in its entirety.î

Chisago Cityís reply brief states the townshipísÝfinal memorandumÝìignores and attempts to mislead the court on growth patterns and development patterns.î

It calls a Rutgers study used by the township unreliable and not credible, and adds that it uses ìbaseless assertionsî to make its case.

The brief also addressed the question of representation for those living in the area, were it to be annexed. It calls a special election an ìundue burden,î and notes the cityís opposition to any changes to council and other elections based on a successful annexation.

In conclusion, the brief encourages the court to ìfollow the legislature criteria for contested cases.î

Sheehy is in the process of weighing the two cases and is expected to render a decision by Jan. 23.

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