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Filed Under: Municipal Law
High Court Strikes Down Sign Ordinance
In Reed v. Town of Gilbert, 576 U.S. __ (2015), the United States Supreme Court held unconstitutional a sign ordinance differentiating between ideological, political and temporary directional signs. The Town of Gilbert, Arizona’s sign ordinance restricted the display of outdoor signs without a permit. The ordinance included exemptions for various categories of signs, each of […]
Filed Under: Municipal Law
Supreme Court Upholds Reversal of City’s Rescission of Conditional Use Permit
In Oneida Seven Generations Corp. v. City of Green Bay, 2015 WI 50, the Wisconsin Supreme Court found that the City’s decision to rescind the conditional use permit (“CUP”) initially granted to Oneida Seven Generations (“Oneida Seven”) was improper. Oneida Seven submitted an application to the City Plan Commission for a CUP relating to a […]
Filed Under: Municipal Law
Wisconsin Supreme Court Accepts Important Open Records Case
The Wisconsin Supreme Court announced that New Richmond News v. City of New Richmond, is among the cases it has recently accepted for review. This case involves the interplay between the Wisconsin Open Records Law, which generally provides for the disclosure of municipal records to the public, and the Driver’s Privacy and Protection Act (DPPA), […]
Filed Under: Municipal Law
New Law Affecting Board of Review Procedures
2013 Wisconsin Act 228 made some new changes to the law governing the Board of Review that took effect January 1, 2015. The major changes to the law are as follows: The municipality must send notices of changed assessment to the property owner at least 30 days before the meeting of the board when the […]
Filed Under: Municipal Law
Appeals Court Finds City Does Not Have Governmental Immunity in Explosion Case
Stafford Rosenbaum LLP proudly supports the Legal Association of Women’s (LAW) annual fundraiser for the Domestic Abuse Intervention Services (DAIS) legal program. LAW invites Dane County businesses to donate a basket for the silent auction.
Filed Under: Government Relations Practice Municipal Law
Proposed Wisconsin Budget Provision Potentially Impacts Municipalities
Gerald Mowris has been reappointed to the Wisconsin State Bar's Legislative Oversight Committee for a two-year term. The Legislative Oversight Committee oversees the State Bar's Government Relations program, including its conflict resolution process for section lobbying.
Filed Under: Municipal Law
Single-Family Dwelling Zoning Ordinance Did Not Exclude Rentals
Novartis Pharmaceuticals Corporation reached a deal on Tuesday with the Wisconsin Department of Justice over the state’s claims that the drugmaker had artificially inflated the cost of its medicines to Wisconsin’s Medicaid program.
Filed Under: Municipal Law
“Mass” Action Lawsuit Against School District Will Proceed
Under the Federal Power Act, the federal government (through the Federal Electricity Regulatory Commission, or FERC) regulates the interstate wholesale market in electricity, while state utility commissions regulate intrastate retail markets in electricity. This division of regulatory authority is cleaner in theory than in practice, because, as the U.S. Supreme Court recognized in a highly anticipated decision released Monday, “in point of fact if not in law[,] the wholesale and retail markets in electricity are inextricably linked.”
Filed Under: Municipal Law
Court of Appeals Finds Fee in Lieu of Room Tax Constitutes an Illegal Tax
Stafford Rosenbaum's Johanna Allex was recently named Chair of the WisPACT, Inc. Board of Directors. WisPACT was created in 2003 as a nonprofit organization to create and manage pooled and community Special Needs Trusts for the benefit of individuals with disabilities
Filed Under: Municipal Law
Motor Bicycle May Be “Motor Vehicle” For Purposes Of Applying OWI/PAC Law
In State v. Koeppen, the Wisconsin Court of Appeals decided an interesting issue with respect to OWI/PAC violations: Whether the defendant could violate Wisconsin OWI/PAC statute, Wis. Stat. § 346.63(1) by operating a motor bicycle with a prohibited alcohol concentration and/or while under the influence. Specifically, the court addressed whether a motor bicycle is a […]
Filed Under: Municipal Law
Municipal Law Memo: 7th Circuit Issues Opinion in Constitutional Case Arising from Zoning Decision
Seventh Circuit IssuesOpinion in Constitutional Case Arising from Zoning Decision In CEnergy-Glenmore Wind Farm #1, LLC v. Town of Glenmore, the United States Court of Appeals for the Seventh Circuit demonstrated its hesitance to insert itself into local zoning decisions. Prelude, a company whose assets were later purchased by plaintiff, CEnergy, obtained a conditional use […]
Filed Under: Municipal Law
Municipal Law Memo: Court Issues Another Immunity Decision
Court Issues Another Immunity Decision Last week, the Wisconsin Supreme Court issued its decision in Legue v. City of Racine, another immunity case involving the operation of an emergency vehicle. The case arose from a motor vehicle accident involving plaintiff’s vehicle and a City of Racine police car driven by Officer Amy Matsen. The officer […]
Filed Under: Municipal Law
Municipal Law Memo – July 19, 2014
City of New Richmond to Appeal Circuit Court DPPA/Open Records Decision: The City of New Richmond has announced its intention to appeal the decision of St. Croix County Circuit Court Judge Howard Cameron in the New Richmond News, et al. v. City of New Richmond case. This case garnered the attention of municipalities and police […]
Filed Under: Municipal Law
Wisconsin Municipal Law Memo – June 23, 2014
Wisconsin Supreme CourtDecidesInteresting Coverage Case: Last week, the Wisconsin Supreme Court issued its decision in Jackson v. Wisconsin County Mutual Insurance Corporation, 2014 WI 36, clarifying the definition of “using” a motor vehicle for purposes of determining coverage under an underinsured motorist policy. The plaintiff, Rachelle Jackson, a Milwaukee County deputy sheriff, was patrolling the […]
Filed Under: Municipal Law
Wisconsin Municipal Law Memo – May 16, 2014
Wisconsin Courts Issue Public Records Decision: The Wisconsin Court of Appeals recently issued a decision in an interesting public records case, Ardell v. Milwaukee Board of School Directors. Ardell made a public records request to MBSD seeking disclosure of records relating to an MBSD employee. Applying the public records balancing test, MBSD initially decided to […]
Filed Under: Municipal Law
Wisconsin Municipal Law Memo – May 5, 2014
State Supreme Court Accepts Another Case With Potential McNeely Issues: The Wisconsin Supreme Court has accepted another case that may provide guidance on the application of the Missouri v. McNeely decision in Wisconsin. State v. Foster involves a defendant charged with a sixth offense OWI. Unlike the two other cases accepted recently by the supreme […]
