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Stafford Rosenbaum is pleased to provide you with Short Reports, which are designed to update our clients on recent developments.


Assessment Notice Now Required When Owner May Be Subject To Charge For Converting Agricultural Land
Type: municipal
4/23/2008
If an assessor determines that land that was assessed as agricultural land in the previous year no longer qualifies as agricultural land, an assessment notice must be given stating that the property owner may be subject to a conversion charge.

Assessor Properly Valued Beach-Front Property, Court of Appeals Decides
Type: municipal
4/18/2008
An assessor properly analyzed factors relevant to the value of beach-front properties and did not use an unlawful formula, the court of appeals has held.

Municipalities Will Again Be Able to Collect Payments for Park Land and Park Improvements at the Subdivision Stage
Type: municipal
4/2/2008
The Wisconsin Legislature recently restored a municipality’s authority to charge fees for park land and certain park improvements as a condition of approving a plat or certified survey map.

Statute Changes Property Tax Procedures and Provides Option to Change Others
Type: municipal
3/24/2008
Beginning with property tax assessments in 2008, the statute governing objections to property tax assessments has been significantly revised.

Temporary Moratorium on Land Divisions Upheld
Type: municipal
3/20/2008
The Wisconsin Court of Appeals recently ruled that the Town of West Point had authority under section 236.45(2) of the Wisconsin Statutes to impose a temporary town-wide prohibition on land divisions while it developed a comprehensive plan.

The FMLA Expanded for the First Time Since Enacted
Type: municipal
1/31/2008
On January 28, 2008, a Family and Medical Leave Act (FMLA) expansion for military families was signed into law.

The FMLA Expanded for the First Time Since Enacted
Type: business
1/31/2008
On January 28, 2008, a Family and Medical Leave Act (FMLA) expansion for military families was signed into law.

Revised I-9 Form Issued by USCIS and Update on "No-Match" Letter Safe Harbor Rules
Type: business
12/4/2007
The USCIS revised the Employment Eligibility Verification Form (I-9), and developments in federal district court on the no-match letter safe harbor rules.

"No-Match" Letter Safe Harbor Rules on Hold -- Now What?
Type: municipal
11/14/2007
A federal district court has temporarily barred the Department of Homeland Security from enforcing the Department's "no-match" safe harbor regulations.

County's Waste Transfer Station Violates Village Zoning Ordinance
Type: municipal
11/1/2007
The Wisconsin Court of Appeals recently emphasized the importance of municipal zoning authority and reaffirmed three important principles.

"No-Match" Letter Safe Harbor Rules on Hold -- Now What?
Type: business
10/29/2007
A federal district court has temporarily barred the Department of Homeland Security from enforcing the Department's "no-match" safe harbor regulations.

Copiers and Fax Machines By Any Other Name Are Not Exempt, Dane County Circuit Court Confirms
Type: municipal
10/19/2007
Equipment manufactured by Xerox, known as Document Centres and Document WorkCentres, constituted non-exempt copiers and fax machines, the Dane County Circuit Court has confirmed, upholding decisions of the Wisconsin tax appeals commission.

Ownership for Property Tax Purposes Is Determined by Factors Existing on January 1 of the Year of Assessment
Type: municipal
8/17/2007
For purposes of determining property tax exemption, ownership depends on who is the beneficial owner, not who has legal title.

Joint Committee Did Not Violate The Open Meetings Law
Type: municipal
6/14/2007
The Wisconsin Court of Appeals recently ruled that a joint committee created by the Town of Dunn and Village of McFarland did not violate the open meetings law when it held closed sessions as part of municipal boundary discussions.

The Importance of Written Compensation Agreements with Key Employees
Type: business
4/2/2007
A recent decision of the Wisconsin Court of Appeals highlights the dangers (both to the employee and the employer) of an employer’s failure to enter into a written compensation agreement with a key employee.

Under Open Records Law, Municipality Must Provide Access To Assessment Data In Computer Database, Court of Appeals Decides
Type: municipal
3/2/2007
In response to an open records request, a municipality that maintains property assessment data in a computer database must either extract the data from the database and place it in a separate electronic file or permit the requester to do so itself.

Electronically Stored Information Retention Policies
Type: business
1/11/2007
As a result of new federal rules governing lawsuits, businesses must take steps to ensure electronically stored information is properly preserved any time litigation is reasonably anticipated.

Reasonable Accommodation Requires Temporary Tolerance of Absences Pending Medical Evaluation
Type: business
11/3/2006
Court of Appeals rules that employers must tolerate an employee's temporary absences due to a disability as a form of reasonable accommodation during a period in which the employee is undergoing medical evaluation.

Temporary Moratorium on Land Divisions Upheld
Type: municipal
9/22/2006
Town successfully argues that section 236.45 provides legal authority for a temporary moratorium on all land divisions.

New Legislation Impacts Municipal Fees
Type: municipal
6/14/2006
Effective June 14, 2006, Wisconsin municipalities will feel the impact of 2005 Wis. Act 477. This new legislation limits the type of public facilities that may be funded through impact fees.

Employer Liable for Independent Contractor's Harassment
Type: business
2/1/2006
Many employers do not realize that they can be held liable when employees are subject to harassment by third parties in their workplace, such as customers or independent contractors.

Wisconsin Employers Face Greater Liability in Harassment Cases
Type: business
9/30/2005
The Wisconsin Labor and Industry Review Commission recently decided that anti-harassment policies do not shield employers from liability for claims of hostile environment or similar claims of harassment by supervisors brought under the WFEA.

Recent Decisions About Takings Claims
Type: municipal
8/24/2005
The United States Supreme Court recently issued three important decisions about takings claims.

City Zoning Board of Appeals and County Boards of Assessments Affected By Two Recent Wisconsin Supreme Court Decisions
Type: municipal
8/17/2005
The law regarding zoning board of appeals and county boards of assessments have been affected by two recent decisions of the Wisconsin Supreme Court.

Release of Liability Agreements: Are Yours Enforceable?
Type: business
7/29/2005
Many businesses ask their customers to sign releases of liability that waive the signer's ability to sue the business in case the signer is injured or killed. Unfortunately, many liability releases fail to provide the protection sought.

Federal Child Labor Rules Revised
Type: business
2/11/2005
The U.S. Department of Labor recently issued new regulations governing employment of minors, pursuant to its regulatory authority under the federal Fair Labor Standards Act.

Are You Ready? Compliance Deadline for New COBRA Regulation Looms
Type: business
11/18/2004
Many employers and plan administrators have not yet come into compliance with the new COBRA regulations, which go into effect on the first day of the plan year beginning on or after November 26, 2004.

Employer Forced To Modify Standard Work Shift For Disabled Employee
Type: municipal
8/19/2004
The Wis. Supreme Court ruled that Hutchinson Technology violated the Wisconsin Fair Employment Act when it refused to accommodate a disabled employee by allowing her to work an eight-hour shift instead of its standard twelve-hour shift.

Wis. Supreme Court Expands Employers' "Reasonable Accommodation" Obligations
Type: business
7/30/2004
Wisconsin employers were dealt another blow by the Wisconsin Supreme Court recently when the court issued its decision in Hutchinson Technology, Inc. v. Labor & Industry Review Commission.

NLRB Comes Full-Circle on Application of Weingarten in a Non-Union Setting
Type: business
7/1/2004
The National Labor Relations Board (NLRB) recently reversed its four-year-old decision which granted non-represented employees the right to have a co-worker present during investigatory interviews.

Supreme Court Highlights the Continued Importance of Anti-Harassment Policies
Type: business
7/1/2004
A recent United States Supreme Court decision on workplace harassment serves as a considerable reminder to employers of the importance of well-crafted policies for reporting and resolving workplace harassment complaints.

DOL Issues Final COBRA Notice-of-Rights Regulations
Type: business
7/1/2004
The federal Labor Department recently issued regulations clarifying the obligations imposed by COBRA.

Employers to Comply With New Federal Wage and Hour Rules By August 23, 2004
Type: business
6/11/2004
The U.S. Department of Labor recently released final regulations amending the rules that have governed whether or not employees are exempt from federal overtime and minimum wage laws.

Municipality Not Prevented From Enforcing Zoning Ordinance
Type: municipal
2/27/2004
The Wisconsin Court of Appeals held that municipalities cannot be estopped from enforcing zoning ordinances, but in rare cases, equitable principles can justify denying an injunction against a violation of a zoning ordinance.

Columbus Park Decision Affects Exemptions For Subsidized Housing And Other Property Of Non-Profit Organizations Occupied By Individuals
Type: municipal
2/26/2004
Assessors for municipalities that have exempted non-profit housing will need to reconsider those exemptions as a result of the Wisconsin Supreme Court’s decision in Columbus Park Housing Corp. v. City of Kenosha, 2003 WI 143.

Dealing With Property Tax Claims
Type: municipal
1/17/2003
January 31 is the deadline by which a property owner who claims a property tax exemption for the previous year may file a claim with the municipality.

Satellite Medical Clinics Ruled Taxable By Circuit Court
Type: municipal
1/16/2003
In a decision of state-wide importance to municipalities, Marshfield Clinic's three "satellite" medical clinics in Eau Claire have been ruled subject to property tax by the Eau Claire County Circuit Court.

Board of Review Must Require Owner To Complete Objection Form Or Risk Waiving Requirement
Type: municipal
1/9/2003
A recent decision of the Wisconsin Court of Appeals means the board of review should require a property owner to answer all questions on an objection form before proceeding with a hearing or risk waiving the requirement that all questions be answered.

Property Tax Law For Federally Subsidized Housing Affected By Two Recent Court of Appeals Decisions
Type: municipal
11/25/2002
The property tax law about federally subsidized housing has been affected by two recent and significant decisions of the Wisconsin Court of Appeals.

Traditional Neighborhood Development Ordinances Required For Cities And Villages With Over 12,500 People
Type: municipal
11/21/2002
In 1999, the Wisconsin legislature required every city and village with 12,500 or more people to enact a TND ordinance, intended to create mixed-use, pedestrian-friendly neighborhoods which enhance the sense of place and the sense of community.

Towns Lose Bargaining Chips
Type: municipal
11/21/2002
In the past two years the extent of a town’s authority to prohibit or condition a city or village’s installation of sewer or water mains through town territory has been clarified by two decisions by the Wisconsin Court of Appeals.

Federal Court of Appeals Affirms County Victory In Suit Over Snowmobile Trail
Type: municipal
11/21/2002
In an important case for local government and the tourism industry in Northern Wisconsin, the Court of Appeals for the Seventh Circuit has ruled that part of a popular snowmobile trail in Bayfield County is owned by the county.

U.S. Supreme Court Clarifies Regulatory Takings Analysis
Type: municipal
10/9/2002
The U.S. Supreme Court has decided that a moratorium on development is not necessarily a taking, and that regulatory takings cases must be decided on a case-by-case basis rather than on categorical rules.

Direct Legislation May be Used to Compel Referendum Approval for Projects
Type: municipal
10/9/2002
In Mount Horeb Community Alert v. Village Board of Mt. Horeb, the Wisconsin Court of Appeals expanded the scope of the direct legislation statute (section 9.20, Wis. Stats.).

Municipal Regulation of Nonmetallic Mine Reclamation
Type: municipal
7/30/2001
If nonmetallic mines are, or could be, operated in your municipality, you should be aware of Wisconsin’s new nonmetallic mining regulations found in chapter 295 of the Wisconsin Statutes and NR 135 of the Wisconsin Administrative Code.

Municipal Regulation of Sexually Oriented Businesses
Type: municipal
7/30/2001

Municipal Regulation of Religious Activities
Type: municipal
7/30/2001


Note: The SR Government Law Short Report is published by the Stafford Rosenbaum Government Law Team. The SR Government Law Short Report is provided for informational purpose only and should not be construed as legal advice or an opinion on specific situations. The legal issues raised by a particular situation may differ from those addressed in the SR Government Law Short Report. We encourage you to contact one of the Stafford Rosenbaum Government Law attorneys by calling 608.256.0226 or by e-mailing an attorney listed on the Government Law Page for assistance before making a legal decision.

Note: The SR Business Law Short Report is published by Stafford Rosenbaum. The SR Business Law Short Report is provided for informational purpose only and should not be construed as legal advice or an opinion on specific situations. The legal issues raised by a particular situation may differ from those addressed in the publication. We encourage you to contact one of the Stafford Rosenbaum attorneys before making a legal decision.
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