Top 10 Municipal Law Developments of 2017

Published by Matthew Dregne, Holly J. Wilson on

Stafford Rosenbaum’s Government Law and Government Relations teams continuously stay apprised of the latest developments in Wisconsin municipal law. Below, in no particular order, are the top 10 municipal law developments of 2017.

  1. 2017 Wisconsin Act 67 made broad changes to conditional use permits and preemption of clauses that merge substandard lots. For more information regarding this Act and its implications, read our blog post here. Additionally, the Act was partially a response to the U.S. Supreme Court’s decision in Murr v. Wisconsin, which we covered extensively with blog posts and a series of videos.

  2. In McKee Family I, LLC v. City of Fitchburg, 2017 WI 34, 374 Wis. 2d 487, 893 N.W.2d 12, the Supreme Court affirmed the bright-line limitations on the building permit exception to the general prohibition on vested rights in land use. McKee reaffirmed the common-law principle that a property owner cannot claim vested rights absent submission of an application for a building permit that conforms to the zoning or building code requirements in effect at the time of application. We posted about this decision in May.  After the McKee case was filed but years before it was decided, the legislature engrafted a vested-rights provision onto Wis. Stat. § 66.10015. Under that provision, local governments are prohibited from applying new changes or conditions to permit-approval processes after a property owner has submitted an application for a development-related permit. We do not yet know how courts will interpret the new statute and how much it will change established common-law principles.

  3. In Benson v. City of Madison, 2017 WI 65, 376 Wis. 2d 35, 897 N.W.2d 16, the Supreme Court held that the Wisconsin Fair Dealership Law applies to municipalities. Though the WFDL is the subject of extensive litigation, this was an unexpected resolution. We posted about this decision in June, addressing both its municipal aspects and its business aspects.

  4. In Melchert v. Pro Elec. Contractors, 2017 WI 30, 374 Wis. 2d 439, 892 N.W.2d 710, the Supreme Court held that a private contractor was entitled to governmental immunity for damage done while carrying out the government’s specifications. The private contractor severed a sewer lateral line while working on a government construction project. Neighboring property owners then sued to recover damages from the resulting flood. The Court held the contractor immune because its work complied with the Wisconsin Department of Transportation’s reasonably precise specifications for the project.

  5. In Wilmet v. Liberty Mut. Ins. Co., 2017 WI App 16, 374 Wis. 2d 413, 893 N.W.2d 251, the Court of Appeals held the supervision of a child engaged in recreational activity falls within the immunity granted for recreational activities by Wis. Stat. § 895.52. We posted about this decision in March.

  6. In City of Oshkosh v. Kubiak, 2017 WI App 20, 374 Wis. 2d 337, 893 N.W.2d 271, the Court of Appeals held that the use of the term “organizer” in a municipal special events permitting ordinance was not unconstitutionally vague. The ordinance required that the “organizer” of an event apply for a permit and pay the City’s costs. The ordinance did not define the term “organizer.” After a college pub crawl proceeded without a permit, the City sued the students who planned the event. The court held that the ordinance was not unconstitutionally vague because it did not invite guesswork in application and enforcement.

  7. In Wisconsin Carry Inc. v. City of Madison, 2017 WI 19, 373 Wis. 2d 348, 891 N.W.2d 803, the Supreme Court held that Wisconsin’s concealed-carry statute preempts the City of Madison’s rule restricting a licensee’s right to carry concealed weapons on City’s buses so long as the licensee complies with the statute’s requirements. The concealed-carry statute states that no political subdivision may adopt an ordinance or resolution that regulates the possession, bearing, or transportation of any firearm in a manner more stringent than state law. The Court held that the concealed-carry statute applies to all legislative activity by local governments, including Madison’s rule against guns on public buses.

  8. In Voces De La Frontera Inc. v. Clarke, 2017 WI 16, 373 Wis. 2d 348, 891 N.W.2d 803, the Supreme Court held that I-247 immigration detainer forms issued by U.S. Immigration and Customs Enforcement (ICE) are exempt from disclosure under Wisconsin’s public records law. Wisconsin public records law prevents disclosure of any record that is exempted by federal law. The Court found that certain federal regulations prohibited the disclosure of the forms.

  9. In Bank of America Corp. v. City of Miami, Fla., ocal governments have standing to sue banks under the Fair Housing Act for economic harm caused to them by discriminatory lending practices, but in order to prove causation, local governments must show “some direct relation between the injury asserted and the injurious conduct alleged.” We posted about this decision in May.

  10. In AllEnergy Corp. v. Trempealeau Cty. Env’t & Land Use Comm., 2017 WI 52, 375 Wis. 2d 329, 895 N.W.2d 368, the Supreme Court held that: 1) a county committee did not exceed its jurisdiction when acting on a conditional use permit application by considering public health, safety and general welfare matters; 2) public testimony and opinion provided substantial evidence for a conditional use permit application denial; and 3) a conditional use permit applicant is not entitled to the permit whenever it meets the specific conditions set forth in the ordinance and any additional conditions imposed by the permitting authority. AllEnergy applied for a conditional use permit for a 265-acre silica sand mine shortly before the County imposed a temporary moratorium on new non-metallic mining activities. The County denied the permit, and AllEnergy filed suit.

Filed Under: municipal law

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