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Filed Under: Appellate Practice Municipal Law

Court of Appeals Accepts Petition for Interlocutory Appeal on Discretionary Immunity, Reverses in Favor of Stafford Rosenbaum’s Client to Dismiss Case

By: Ted Waskowski Kyle Engelke

At the end of last week, the Court of Appeals recommended for publication an opinion resulting from a permissive interlocutory appeal sought by Stafford Rosenbaum on behalf of the City of Monroe.  Stafford sought the appeal after the trial court denied the City’s motion for summary judgment asserting absolute and governmental immunity in response to […]

Dec 08, 2020 in Blogs
Filed Under: Appellate Practice Municipal Law

Court of Appeals Holds that a Continuing Trespass Does Not Circumvent the Notice of Injury Requirements

By: Pahoua Thao Kyle Engelke

The Wisconsin Court of Appeals recently found that a continuing trespass does not create a new “event” each day that it remains on the property.  See Ebert v. Village of Gresham, 2020 WL 6278316, ¶¶ 2, 13.  Because a new event is not created each day, a claimant must file a notice of injury within […]

Nov 18, 2020 in Blogs
Filed Under: Appellate Practice Municipal Law

Court of Appeals Confirms that an Unimproved Platted Public Road May Not Be Adversely Possessed

By: Olivia M. (Pietrantoni) Dunn Matthew Dregne

A property owner, Timothy Casa De Calvo, sued the Town of Hudson claiming that he adversely possessed real property adjacent to his house. The property in question had been dedicated about 31 years before as a street on a subdivision plat. The circuit court granted summary judgment in favor of the Town, and the court […]

Sep 22, 2020 in Blogs
Filed Under: Appellate Practice Municipal Law

Wisconsin Court of Appeals Allows Inclusion of Parking Lot Income in Milwaukee Property Tax Assessment

By: Kyle Engelke Ted Waskowski

In Milwaukee Block 10 Properties v. City of Milwaukee, the Wisconsin Court of Appeals reaffirmed two key principles in its reversal of a circuit court decision which ordered the City of Milwaukee to revise its property tax assessment for the Aloft Hotel. First, Wisconsin affords substantial deference to property tax assessments prepared by municipalities. Property […]

Jul 09, 2020 in Blogs
Filed Under: Government Law Municipal Law

Unique COVID-19 Recovery Needs Addressed through Local Government Aid

By: Laura E. Callan

Last week Governor Evers announced a $200 million program for local leaders entitled “Routes to Recovery: Local Government Aid Grants.” The program intends to address Wisconsin communities’ urgent and unique situations surrounding COVID-19 recovery. Funded by federal CARES Act dollars, these grants are in addition to the $1 billion in state-wide COVID-19 related aid that […]

Jun 02, 2020 in Blogs
Filed Under: Environmental Law Municipal Law

Stafford Rosenbaum Helps Pier Owner Simplify Wisconsin Law on Permit Exemptions

By: Kyle Engelke Larry Konopacki Paul Kent

Recently the Court of Appeals released an opinion holding that municipal pier regulations enacted pursuant to Wis. Stat. § 30.13(2) cannot be applied to a pier that qualifies for a state permit exemption under Wis. Stat. § 30.12(1g)(f).  As a result, the Court of Appeals reversed the trial court’s decision in order to rule in […]

May 21, 2020 in Blogs
Filed Under: Appellate Practice Government Law Municipal Law

Court Reiterates that Not All Government Actions that Diminish Property Value Are Compensable

By: Rick A. Manthe Larry Konopacki Jeffrey A. Mandell

State and local governments have a variety of powers. They can take private property for public use, but they have to fairly compensate the property owner. They can also use their police power—a broad array of authority to protect public health and safety—to regulate the use of property. The Wisconsin Court of Appeals’ recent decision […]

May 18, 2020 in Blogs
Filed Under: Government Law Municipal Law

The CARES Act’s $500 Billion Municipal Liquidity Facility: What’s in It for Wisconsin Municipalities?

By: Laura E. Callan

Section 4003(a) in Title IV of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) provides the much discussed $500 billion “bailout” that will be used under Section 4003(b) to finance (1) finance airlines, (2) cargo air carriers, (3) “national security” businesses, and, (4) Federal Reserve programs to lend to, or otherwise support […]

Apr 16, 2020 in Blogs
Filed Under: Government Law Municipal Law

The Coronavirus Relief Fund: Show Wisconsin Municipalities the Money

By: Laura E. Callan

Direct Grants to States for Coronavirus Expenses Title V of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act” or the “Act”), Section 5001, provides for the distribution of $139 billion to the States, excluding the District of Columbia, from the Coronavirus Relief Fund (a new Title VI to the Social Security Act). […]

Apr 16, 2020 in Blogs
Filed Under: Appellate Practice Government Relations Practice Municipal Law

Seventh Circuit Reaffirms Stringent Standards for Municipal Liability in Civil Rights Actions

By: Kurt M. Simatic

Since the United States Supreme Court’s seminal decision in Monell v. New York Department of Social Services, a municipality can be only found liable for civil rights claims brought under 42 U.S.C § 1983 if a plaintiff can show that a policy or custom of the municipality caused the violation of his or her constitutional […]

Jul 26, 2019 in Blogs
Filed Under: Municipal Law

Public Records Requests: Form Matters

By: Kurt M. Simatic

Wisconsin’s Public Records Law requires officials to provide “the greatest possible information” in response to public records requests. Wis. Stat. § 19.31. In Lueders v. Krug, the Wisconsin Court of Appeals, District II, clarified that this mandate requires officials to provide electronic copies of materials if electronic copies are requested. In June 2016, Bill Lueders emailed […]

Jul 16, 2019 in Blogs
Filed Under: Municipal Law

Scabby the Rat is Deflated

By Stafford Rosenbaum

Daphne Webb, an attorney with Stafford Rosenbaum LLP, has again been named the Best Lawyers Lawyer of the Year for Family Law Mediation in Madison and a Top 25 Women Wisconsin Super Lawyer. In addition, National Trial Lawyers named her as a Top 100 Wisconsin Trial Lawyer. Ms. Webb appears on the front cover of the Wisconsin 2011 edition of Super Lawyers magazine and in a featured article in the magazine.

Mar 07, 2019 in Blogs
Filed Under: Municipal Law

U.S. Supreme Court Holds That Federal Age Discrimination Law Applies to All Public Employers

By: Kurt M. Simatic Matthew Dregne

Stafford’s Barb Neider co-authored the recently published article, “Not Authorized! Employees and Computer Fraud” with Joseph Diedrich. This article appears in the June issue of the Wisconsin Lawyer, the official monthly publication of the State Bar of Wisconsin.

Nov 14, 2018 in Blogs
Filed Under: Appellate Practice Municipal Law

Court of Appeals Suggests Possible Path To Waiver of PFC Review

By: Paul W. Schwarzenbart

Court of Appeals Suggests Possible Path To Waiver of PFC Review Can a municipality and a public safety employee agree to waive the disciplinary process before a police and fire commission under Wis. Stat. § 62.13(5). Yes, at least in some circumstances, according to the Wisconsin Court of Appeals. City of Janesville v. WERC, 193 […]

Jul 27, 2018 in Blogs
Filed Under: Appellate Practice Municipal Law

Condemnor’s Duty to Negotiate in Good Faith is Limited to Compensation

By Stafford Rosenbaum

Condemnor’s Duty to Negotiate in Good Faith is Limited to Compensation In Zastrow v. American Transmission Company LLC, Case No. 17-AP-1848 (July 3, 2018) (unpublished) the Wisconsin Court of Appeals confirmed that a condemnor’s duty to negotiate in good faith relates only to the issue of compensation. American Transmission Company (ATC) held a pre-existing transmission […]

Jul 23, 2018 in Blogs
Filed Under: Municipal Law

Wis. Supreme Court Finds TID Findings are Legislative Determinations, Subject to Certiorari Review

By: Matthew Dregne

Wis. Supreme Court Finds TID Findings are Legislative Determinations, Subject to Certiorari Review In a recent 5-2 decision, the Wisconsin Supreme Court held, inter alia, that findings of blight and a corresponding need for Tax Incremental Districts (TIDs) were “legislative determinations” and therefore not susceptible to full declaratory judgment review. Voters with Facts v. City […]

Jul 06, 2018 in Blogs
Filed Under: Government Relations Practice Municipal Law

Top 10 Municipal Law Developments of 2017

By: Matthew Dregne

The law firm of Stafford Rosenbaum LLP recently announced that Johanna Allex has been re-elected to the firm's Board of Directors. Ms. Allex is a partner in the firm’s Madison office.

Jan 29, 2018 in Blogs
Filed Under: Appellate Practice Municipal Law

2017 WISCONSIN ACT 67 MAKES MAJOR CHANGES TO WISCONSIN LAND USE LAW

By: Jeffrey A. Mandell Matthew Dregne

Stafford Rosenbaum LLP has received a Tier 1 ranking in the 2016 Edition of U.S. News - Best Lawyers® "Best Law Firms." Tier 1 rankings are determined through a firm's overall evaluation, which is derived from a combination of clients' impressive feedback, the high regard that lawyers in other firms have for the firm, in addition to the information provided through the Law Firm Survey.

Dec 01, 2017 in Blogs
Filed Under: Municipal Law

Court of Appeals Decides Wis. Stat., Ch. 90, Applies Equally to Cities, Villages, and Towns

By: Matthew Dregne

Stafford Rosenbaum's Thomas Solheim was recently elected to the Madison Regional Economic Partnership’s Board of Directors. The Madison Region Economic Partnership (MadREP) works in the spirit of collaboration to ensure resources are available to the people and organizations that do business in the Madison region, helping the area continue the tradition of delivering first-rate products and services to the world.

Nov 08, 2017 in Blogs
Filed Under: Appellate Practice Municipal Law

Discharged Police Officer Has No Constitutional Entitlement to Pay During Pendency of His Appeal

By: Paul W. Schwarzenbart

As we reported in November 2016, the Wisconsin Court of Appeals upheld a decision by the Milwaukee City Board of Fire and Police Commissioners (“Board”) to terminate the employment of Milwaukee Police Department (“MPD”) Officer Daniel Vidmar for falsifying a document to take possession of an unclaimed dirt bike from MPD inventory. While Officer Vidmar […]

Jul 21, 2017 in Blogs
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