Filed Under: Environmental Law Municipal Law
Stafford Rosenbaum Helps Pier Owner Simplify Wisconsin Law on Permit Exemptions
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 […]
Filed Under: Appellate Practice Government Law Municipal Law
Court Reiterates that Not All Government Actions that Diminish Property Value Are Compensable
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 […]
Filed Under: Government Law Municipal Law
The CARES Act’s $500 Billion Municipal Liquidity Facility: What’s in It for Wisconsin Municipalities?
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 […]
Filed Under: Government Law Municipal Law
The Coronavirus Relief Fund: Show Wisconsin Municipalities the Money
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). […]
Filed Under: Appellate Practice Government Relations Practice Municipal Law
Seventh Circuit Reaffirms Stringent Standards for Municipal Liability in Civil Rights Actions
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 […]
Filed Under: Municipal Law
Public Records Requests: Form Matters
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 […]
Filed Under: Municipal Law
Scabby the Rat is Deflated
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.
Filed Under: Municipal Law
U.S. Supreme Court Holds That Federal Age Discrimination Law Applies to All Public Employers
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.
Filed Under: Appellate Practice Municipal Law
Court of Appeals Suggests Possible Path To Waiver of PFC Review
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 […]
Filed Under: Appellate Practice Municipal Law
Condemnor’s Duty to Negotiate in Good Faith is Limited to Compensation
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 […]
Filed Under: Municipal Law
Wis. Supreme Court Finds TID Findings are Legislative Determinations, Subject to Certiorari Review
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 […]
Filed Under: Appellate Practice Municipal Law
2017 WISCONSIN ACT 67 MAKES MAJOR CHANGES TO WISCONSIN LAND USE LAW
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.
Filed Under: Municipal Law
Court of Appeals Decides Wis. Stat., Ch. 90, Applies Equally to Cities, Villages, and Towns
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.
Filed Under: Appellate Practice Municipal Law
Discharged Police Officer Has No Constitutional Entitlement to Pay During Pendency of His Appeal
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 […]
Filed Under: Appellate Practice Municipal Law
Wisconsin Court of Appeals Upholds Municipal Snowplowing Against Public Purpose Doctrine Challenge
The Town of Argonne is a small community in northern Wisconsin, near Michigan’s upper peninsula. For more than 60 years, the Town has removed snow from residents’ private driveways upon request. The Town handled snow removal pursuant to contracts, funding the work through fees paid for the service and not through tax revenues. The Town’s […]
Filed Under: Appellate Practice Municipal Law
Wisconsin Supreme Court Holds Municipalities Are Subject to Wisconsin Fair Dealership Law
In a shocking decision that will increase the cost of local governance and limit the ability of local governments to control their own affairs, the Wisconsin Supreme Court held last week that the Wisconsin Fair Dealership Law (“WFDL”) applies to municipalities. Benson v. City of Madison, 2017 WI 65. The remainder of this post discusses […]
Filed Under: Appellate Practice Municipal Law
Wisconsin Supreme Court Reaffirms Bright-Line Building Permit Rule
In McKee Family I, LLC and JD McCormick Company, LLC v. City of Fitchburg, 2017 WI 34, No. 2014AP1914 (April 12, 2017), the Wisconsin Supreme Court affirmed the bright-line building permit rule, under which a property owner cannot claim vested rights absent submission of an application for a building permit that conforms to the zoning […]
Filed Under: Appellate Practice Municipal Law
U.S. Supreme Court Reaffirms Capacious Scope of Federal Fair Housing Act
The Supreme Court of the United States recently decided Bank of America Corp. v. City of Miami, Nos. 15-1111 & 15-1112, slip op. (U.S. May 1, 2017). The Court remanded the case for further proceedings, and it remains far from clear whether the City can prevail in the end. But the case illustrates the striking […]
Filed Under: Appellate Practice Municipal Law
Court of Appeals Reaffirms Parties Cannot Recover Lost Profits for Unlawful Activity
The Wisconsin Court of Appeals recently decided 200 Broadway LLC v. City of Milwaukee, Case No. 2016AP273 (May 2, 2017). The decision is interesting both for its central holding that a party is not entitled to damages for lost profits from an unlawful business, and because the appellate court relied heavily on nineteenth century precedent. […]
