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: 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: Municipal Law
High Court Strikes Down Sign Ordinance
In Reed v. Town of Gilbert, 576 U.S. __ (2015), the United States Supreme Court held unconstitutional a sign ordinance differentiating between ideological, political and temporary directional signs. The Town of Gilbert, Arizona’s sign ordinance restricted the display of outdoor signs without a permit. The ordinance included exemptions for various categories of signs, each of […]
Filed Under: Municipal Law
Supreme Court Upholds Reversal of City’s Rescission of Conditional Use Permit
In Oneida Seven Generations Corp. v. City of Green Bay, 2015 WI 50, the Wisconsin Supreme Court found that the City’s decision to rescind the conditional use permit (“CUP”) initially granted to Oneida Seven Generations (“Oneida Seven”) was improper. Oneida Seven submitted an application to the City Plan Commission for a CUP relating to a […]
Filed Under: Municipal Law
Wisconsin Supreme Court Accepts Important Open Records Case
The Wisconsin Supreme Court announced that New Richmond News v. City of New Richmond, is among the cases it has recently accepted for review. This case involves the interplay between the Wisconsin Open Records Law, which generally provides for the disclosure of municipal records to the public, and the Driver’s Privacy and Protection Act (DPPA), […]
Filed Under: Municipal Law
New Law Affecting Board of Review Procedures
2013 Wisconsin Act 228 made some new changes to the law governing the Board of Review that took effect January 1, 2015. The major changes to the law are as follows: The municipality must send notices of changed assessment to the property owner at least 30 days before the meeting of the board when the […]
Filed Under: Municipal Law
Appeals Court Finds City Does Not Have Governmental Immunity in Explosion Case
Stafford Rosenbaum LLP proudly supports the Legal Association of Women’s (LAW) annual fundraiser for the Domestic Abuse Intervention Services (DAIS) legal program. LAW invites Dane County businesses to donate a basket for the silent auction.
Filed Under: Government Relations Municipal Law
Proposed Wisconsin Budget Provision Potentially Impacts Municipalities
Gerald Mowris has been reappointed to the Wisconsin State Bar's Legislative Oversight Committee for a two-year term. The Legislative Oversight Committee oversees the State Bar's Government Relations program, including its conflict resolution process for section lobbying.
Filed Under: Municipal Law
Single-Family Dwelling Zoning Ordinance Did Not Exclude Rentals
Novartis Pharmaceuticals Corporation reached a deal on Tuesday with the Wisconsin Department of Justice over the state’s claims that the drugmaker had artificially inflated the cost of its medicines to Wisconsin’s Medicaid program.
Filed Under: Municipal Law
“Mass” Action Lawsuit Against School District Will Proceed
Under the Federal Power Act, the federal government (through the Federal Electricity Regulatory Commission, or FERC) regulates the interstate wholesale market in electricity, while state utility commissions regulate intrastate retail markets in electricity. This division of regulatory authority is cleaner in theory than in practice, because, as the U.S. Supreme Court recognized in a highly anticipated decision released Monday, “in point of fact if not in law[,] the wholesale and retail markets in electricity are inextricably linked.”
Filed Under: Municipal Law
Court of Appeals Finds Fee in Lieu of Room Tax Constitutes an Illegal Tax
Stafford Rosenbaum's Johanna Allex was recently named Chair of the WisPACT, Inc. Board of Directors. WisPACT was created in 2003 as a nonprofit organization to create and manage pooled and community Special Needs Trusts for the benefit of individuals with disabilities
Filed Under: Municipal Law
Motor Bicycle May Be “Motor Vehicle” For Purposes Of Applying OWI/PAC Law
In State v. Koeppen, the Wisconsin Court of Appeals decided an interesting issue with respect to OWI/PAC violations: Whether the defendant could violate Wisconsin OWI/PAC statute, Wis. Stat. § 346.63(1) by operating a motor bicycle with a prohibited alcohol concentration and/or while under the influence. Specifically, the court addressed whether a motor bicycle is a […]
Filed Under: Municipal Law
Municipal Law Memo: 7th Circuit Issues Opinion in Constitutional Case Arising from Zoning Decision
Seventh Circuit IssuesOpinion in Constitutional Case Arising from Zoning Decision In CEnergy-Glenmore Wind Farm #1, LLC v. Town of Glenmore, the United States Court of Appeals for the Seventh Circuit demonstrated its hesitance to insert itself into local zoning decisions. Prelude, a company whose assets were later purchased by plaintiff, CEnergy, obtained a conditional use […]
