Filed Under: Appellate Law Municipal Law
Wisconsin Supreme Court Remands New Richmond Case to Court of Appeals
Under Wisconsin’s standard listing contract forms, a seller may owe a commission to a broker even if the sale of the property does not close. However, a well-drafted contract can change that, should a seller so desire.
Filed Under: Appellate Law Municipal Law
Town’s Special Assessments for Roads Upheld
The law firm of Stafford Rosenbaum LLP recently announced that Laura Skilton Verhoff has been re-elected to firm's Board of Directors. Ms. Skilton Verhoff’s practice includes creditors' rights in bankruptcy, foreclosure and collection, estate and trust planning and administration, including probate, and litigation. Skilton Verhoff is a partner in the firm’s Madison office.
Filed Under: Appellate Law Municipal Law
Court of Appeals Upholds Fire Protection Fee Ordinance
Laura Callan and Eileen Kelley of Stafford Rosenbaum will present at the 2016 Wisconsin Chapter of the Association for Corporate Counsel’s Annual Conference on May 19th in Elkhart Lake. Ms. Callan and Ms. Kelley will be joined by co-presenter Troy Bronk, in-house counsel at Erdman Company.
Filed Under: Municipal Law
Governor Signs Four New Bills Impacting Municipalities and Towns Into Law
Johanna Allex, a partner at Stafford Rosenbaum, was among the 2016 Wisconsin Law Journal’s Women in the Law recipients. The Wisconsin Law Journal honored outstanding achievement by the top women in the practice of law who by achieving success, have also paved the way for success for other women in the legal profession.
Filed Under: Employment & Labor Law
Time for a FMLA Practice and Policy Self-Audit
The U.S. Department of Transportation’s Federal Aviation Administration (FAA) recently announced a web-based aircraft registration process for owners of small unmanned aircraft (UAS) or drones weighing more than 0.55 pounds and less than 55 pounds including payloads such as on-board cameras.
Filed Under: Municipal Law
Disciplinary Process – Police and Fire Commission
Stafford Rosenbaum’s Bryan Kleinmaier, a partner in the firm’s Madison office, has recently been named to Executive Leadership Team of Madison Go Red For Women. Go Red For Women is the American Heart Association’s national movement to end heart disease and stroke in women. Go Red For Women advocates for more research and swifter action for women’s heart health.
Filed Under: Municipal Law
Tax Increment Financing: Financial Gaps and Bottoms Lines
Stafford Rosenbaum's Vanessa Wishart is to be honored by the Wisconsin Law Journal as an "Up and Coming" Lawyer. Her impressive, yet young, career focusing on environmental law, regulations, and water issues combined with her commitment to community service and teamwork have made Vanessa an exemplary honoree.
Filed Under: Municipal Law
Wisconsin Supreme Court Hears Oral Arguments on Important Public Records Case
On September 18, 2015,the Wisconsin Supreme Court heard oral arguments inNew Richmond News v. City of New Richmond. Video and audio of the oral arguments are available on Wisconsin Eye here. This case involves the interplay between the Wisconsin Public Records Law, which generally provides for the disclosure of municipal records to the public, and […]
Filed Under: Municipal Law
Court of Appeals Upholds Scare Gun Ordinance
In Town of Trempealeau v. Klein, 2014AP2719, the Wisconsin Court of Appeals provided an instructive ordinance analysis in upholding a Scare Gun Ordinance. Wendell Klein owned a farm in the Town of Trempealeau, Wisconsin. The farm was in close proximity to a United States Fish and Wildlife Refuge, and as a result, many blackbirds harmed […]
Filed Under: Municipal Law
Court of Appeals Upholds Agency Rule Banning Weapons on City Buses
The Wisconsin Court of Appeals issued an opinion in Wisconsin Carry, Inc. v. City of Madison, 2015AP146 (Recommended for Publication), clearly distinguishing between agency rules and ordinances or resolutions when applying the preemption provision outlined in section 66.0409, Wis. Stats. Section 66.0409 relates to the local regulation of firearms, and includes a preemption provision precluding […]
Filed Under: Employment & Labor Law
Employers Should Consider Periodic Review of FMLA Policies and Practices to Prepare for Audit
The federal Department of Labor (DOL) will likely be increasing on-site audits of employer Family and Medical Leave Act (FMLA) practices in an effort to increase compliance with that law. To keep FMLA policies and practices audit-ready, employers should periodically conduct their own internal audit. The audit should include: A review of policies, notices and […]
Filed Under: Municipal Law
Appeals Court Rules Milwaukee Residency Requirement Trumps State Law
In Milwaukee Police Association v. City of Milwaukee, No. 2014AP400 (Wis. Ct. App. July 21, 2015) (publication recommended), the Wisconsin Court of Appeals held that Wis. Stat. §66.0502, which essentially prohibits residency requirements in local governments, does not trump the City of Milwaukee’s Ordinance requiring its employees to reside within the City. Section66.0502, signed into […]
Filed Under: Municipal Law
State Law Preempts Local Landlord/Tenant Notice Requirement
In Olson v. City of La Crosse, No. 2015AP127 (Wis. Ct. App. July 16, 2015) (publication recommended), the Wisconsin Court of Appeals, District IV, held that a city ordinance requiring landlords to notify tenants of city inspections under the city’s inspection and registration program was preempted by Wis. Stat. § 66.0104(2)(d)1.a. The City of La […]
Filed Under: Municipal Law
Wisconsin Supreme Court Denies Newspaper’s Request for Attorney Fees and Costs
In Journal Times v. City of Racine Board of Police and Fire Commissioners, 2015 WI 56, __ Wis. 2d __, __, N.W.2d __ the Wisconsin Supreme Court recently determined the Newspaper did not prevail in substantial part and, therefore, was not entitled to recover fees and costs incurred in litigation of an Open Records Law […]
Filed Under: Municipal Law
Local Governments Win in Supreme Court Government Speech Case
In Walker v. Texas Division, Sons of Confederate Veterans, Inc., 576 U.S. ___ (2015), the U.S. Supreme Court held, 5-4, that Texas may deny a proposed specialty license plate design featuring the Confederate flag because specialty license plate designs are government speech. Texas offers automobile owners a choice between ordinary and specialty license plates. Those […]
Filed Under: Employment & Labor Law
Proposed Rule Will Dramatically Increase The Number of Employees Eligible For Overtime
Currently, employers cannot classify positions as exempt from federal overtime rules unless they pay workers in those positions a minimum annual salary of at least $23,660.[1] President Obama has directed the federal Department of Labor to change that. On June 29, 2015, President Obama announced a proposed rule that would expand the number of employees […]
