Filed Under: Appellate Law Municipal Law
Supreme Court Upholds Warrantless Breath Tests and Limits Penalties for Blood Test Refusals
In Birchfield v. North Dakota, 579 U.S. __ (June 23, 2016), the United States Supreme Court held warrantless breath tests incident to arrest for drunk driving constitutional, but found warrantless blood tests unconstitutional. The Court also held that, despite the existence of implied consent laws in all States, criminal penalties cannot be imposed against drivers […]
Filed Under: Appellate Law Municipal Law Trust & Estates Law
Wisconsin Supreme Court Holds that Milwaukee Cannot Enforce City Employee Residency Requirements
In Milwaukee Police Association v. City of Milwaukee, 2016 WI 47, the Wisconsin Supreme Court held that Wis. Stat. § 66.0502 precludes the City from enforcing its residency requirement. For many years, the City of Milwaukee has required its city employees to reside within city limits as a condition of employment. On June 20, 2013, […]
Filed Under: Municipal Law
Beware the Liability Boogeyman
When it comes to opposing governmental decision-making, ‘boogeyman’ threats are not just the stuff of bedtime stories. Traditionally, the term ‘boogeyman’ serves as a common allusion to a mythical creature used in many cultures to frighten children into good behavior. If many nay-sayers at local governmental meetings are to be believed, these ‘boogeyman’ are no […]
Filed Under: Appellate Law Municipal Law
New Richmond Decision Provides Some Clarity on Public Records, but Questions Still Remain
The Wisconsin Court of Appeals issued a decision in the ongoing case of New Richmond News v. City of New Richmond, 2014AP1938 on May 10, 2016. The decision provides much anticipated instruction on the interplay between the Wisconsin Public Records Law and the Driver’s Privacy and Protection (DPPA). However, the decision also leaves many questions […]
Filed Under: Municipal Law
New Bill Helps Municipalities Construct and Maintain Stormwater Ponds
One critical component of stormwater management in many municipalities is the use of stormwater retention ponds. These ponds temporarily store stormwater runoff and release it through a designed outlet structure that helps reduce pollutant loads into waterways and controls erosion. Legislation enacted on April 26, 2016, 2015 Wisconsin Act 387, provides greater latitude for municipalities […]
Filed Under: Appellate Law Municipal Law
Municipalities May Continue to Draw Districts Based on Total Population
Twenty attorneys from Stafford Rosenbaum were selected by their peers for inclusion in The Best Lawyers in America® 2012 (copyright 2011 by Woodward/White, Inc., of Aiken, S.C.). The attorneys are: Connie Anderson; Janice Bensky; Brian Butler; Matthew Dregne; James Egle; Daniel Gustafson; Robert Horowitz; Christopher Hughes; Edwin Hughes; Bruce Huibregtse; Paul Kent; Anthony Menting; Barbara Neider; Richard Nordeng; Daniel Stolper; Meg Vergeront; Laura Skilton Verhoff; Ted Waskowski; Daphne Webb; and Richard Yde.
Filed Under: Appellate Law Municipal Law
Court of Appeals Explains Options for Appealing Police and Fire Commission Disciplinary Actions
In Dillenberg v. Hobart/Lawrence Police & Fire Commission, No. 2015AP1313 (March 30, 2016), the Wisconsin Court of Appeals provided a clear overview of the two different procedural paths available after a Police and Fire Commission levies discipline. The decision—which upheld Dillenberg’s discharge from the police department—is an excellent primer on statutory and certiorari review under […]
Filed Under: Appellate Law Municipal Law
Attorney General Files Amicus Brief in Wisconsin Carry, Inc. v. City of Madison
Stafford Rosenbaum LLP is pleased to announce that Attorney Erika L. Bierma has joined the firm as a senior associate. Bierma practices criminal and civil litigation and appeals in the firm’s Madison office.
Filed Under: Appellate Law Municipal Law
Court of Appeals Addresses Scope of Wisconsin’s Right-to-Farm Law
Stafford Rosenbaum attorney, Daphne Webb, was asked to comment on Assembly Bill 540, which seeks to establish a presumption in the law that equal placement with each parent is in the best interest of a child after a divorce.
Filed Under: Municipal Law
Recent Legislative Changes Affecting Municipalities
Paul Kent, an attorney with Stafford Rosenbaum LLP, has been named a Super Lawyer for Environmental Law and was also named a Top 50 Wisconsin Super Lawyer and a Top 25 Madison Super Lawyer based on the total overall results within those areas. He was also named Lawyer of the Year 2012 in Litigation – Environmental – Madison by Best Lawyers.
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: 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 […]
