Town Incorporation Information

2/25/2026 Hearing on Town of Middleton Incorporation Petition

At the 2/25/2026 Hearing before Judge Lanford, the Town was prepared to present witness testimony in support of the Town's Petition to Incorporate.  However, at the Hearing the City of Madison continued to have no objection to the Town's Petition, and the City of Middleton determined that any objection(s) it may continue to have could be presented to the Department of Administration Incorporation Review Board ("IRB"), once the date of the first of two required IRB Meetings is set.  Both cities agreed to stipulate to the exhibits proffered by the Town and were entered into the record without objection.  Judge Lanford concluded the hearing by finding in favor of the Town of Middleton, and an order will be entered referring this matter to the IRB to reflect the same.

• Doc. 32 Notice of Hearing
  

1/13/2026 Hearing on City of Middleton's Motion to Dismiss

On 1/13/26, the Town appeared for the second time in Dane County Circuit Court on a hearing to decide the City of Middleton’s Motion to Dismiss the Town’s Petition to Incorporate.  Judge Lanford ruled in the Town’s favor and denied the City of Middleton’s Motion to Dismiss.  In addition, Judge Lanford set an evidentiary hearing on the Town’s Petition to Incorporate for 2/25/26 at 9 am.

• Doc. 30_Notice of Hearing
• Doc. 31 Reply Brief of the City of Middleton in Opposition to Incorporation
• Doc. 34 Order Denying Motion of City of Middleton

11/17/2025

Due to a schedule conflict, the parties have agreed to extend the deadline from Friday, 11/14/25, to Tuesday, 11/18/25, for the Town to file its incorporation brief in response to the City of Middleton's brief objecting to the Town's Incorporation Petition.

• Response to the Opposition by the City of Middleton
• Exhibit A
• Exhibit B
• Exhibit C

 

10/27/25 Dane County Circuit Court Hearing Update

 

At the 10/27/25 hearing before Dane County Circuit Court Judge Lanford, Town of Middleton Attorney Mike Lawton outlined how the Town has satisfied the statutory requirements for incorporation. 

 

In addition, City of Madison Attorney Doran Viste participated and had no objection to the Town’s request for incorporation.  However, City of Middleton Attorney Matt Fleming, who also participated, did object, but did not provide a factual basis to the Court for Middleton’s objection. 

 

In response, the Court gave the City of Middleton until Friday, 10/31/25 to file a brief with information regarding the basis for its objection to the Town of Middleton’s Incorporation Petition.  The Town of Middleton has until 11/14/25 to file its reply to the City of Middleton’s objection, and the City of Middleton has until 11/21/25 in the event it wishes to file a response to the Town’s reply brief.

 

The contents of the City of Middleton’s brief objecting to the Town of Middleton’s incorporation will help determine whether or not an evidentiary hearing will be needed before the judge rules for the matter to continue the incorporation process before the Department of Administration Review Board.

 

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Incorporation is a lengthy process that is in the beginning stage for the Town of Middleton.  On January 20, 2025 the Town Board voted unanimously to express an intent to incorporate the Town of Middleton to protect its current geographic boundaries.  

 

Publication of the Town's land legal description was the next step in the process, which occurred on January 30, 2025 in the Middleton Times Tribune: Notice of Intent to Circulate a Petition for Incorporation of the Lands Comprising the Town of Middleton

 

General incorporation information is available here: https://doa.wi.gov/Pages/LocalGovtsGrants/Incorporation.aspx