EAU CLAIRE Wis. (WLAX/WEUX) – In June, the Eau Claire City Council voted to add hundreds of acres of land to the city as part of the Stewart-Hague annexation petition. That land was part of the town of Washington.

Now, the town is filing a lawsuit against the city saying the annexation isn’t legal. In a court filing, the town of Washington says the annexation request was inaccurate.

The land’s owners filed it as a unanimous petition. That means all those owning the land in question agree they want it annexed.

The town of Washington says Lowes Creek Park, which is owned by Eau Claire County, is part of the annexation area and is the only land in the proposal that borders the city.

Since the county did not sign onto the petition, the town of Washington says the annexation is not valid. The city of Eau Claire says land like Lowes Creek Park doesn’t count. 

“Generally, under Wisconsin law, government land that is not developable or usable isn’t counted for these types of annexations, and we think that’s what applies here. We’re confident that the city of Eau Claire complied with Wisconsin statutory requirements for these types of annexations.” The city of Eau Claire has 20 days to respond to the lawsuit.