Intergovernmental Cooperation in Wisconsin

Powers of Municipalities 937

DOL Raises Earnings Threshold for FLSA Exemptions

Employees 355

Court of Appeals Upholds Denial of Cell Tower Permit

Licensing & Regulation 402

ABCs on CBD

Licensing & Regulation 401

Putting "Responsible" Back into "Lowest Responsible Bidder"

Contracts 403

Cities Successfully Defend Against Dark Store Challenges - You Can Too

Taxation 1059

Wisconsin Villages Come in All Shapes and Sizes

Municipal Corporations 60

Local Government Environmental Cost Recovery Tools

Liability 437

Municipal Immunity for Discretionary Acts Survives - For Now

Liability 436

Warrantless Blood Draws of Unconscious Drunk Drivers

Police 313

A Comparison of the First Three Approved Financial Assistance Programs for...

Public Utilities 355

An Overview of the Public Trust Doctrine

Miscellaneous 5R-1

Dealing with Limitation of Liability Clauses in Contracts

Contracts 402

Roles and Authority of Governing Body Members

Governing Bodies 409

Charging or Increasing Recycling Fees Does Not Impact a Community’s Levy Limit

Taxation 1058

Summertime and (Pre-Mosquitos) the Living Is Easy

Employees 272R3, Licensing & Regulation 400, Miscellaneous 21

Business Purpose Unnecessary for “Agricultural” Classification

Taxation 1057

Bonding/Insurance Requirements for Municipal Officials

Fidelity Bonds 33 R-2

Comprehensive Plan Amendments

Commissions 185

Court Declines Invitation to Revamp Governmental Immunity

Courts 369, Liability 435

Courts 369 Wisconsin Supreme Court declined to adopt interpretation of governmental immunity statute that would reverse longstanding precedent and expand municipal liability under sec. 893.80(4) explaining that to do so would create problems for governmen...

Panhandling Ordinances after Reed and Norton

Licensing/Regulation 399, Ordinances/Resolutions 511: Legal comment discussing the constitutionality of panhandling ordinances in the wake of Reed v. Town of Gilbert, 135 S.Ct. 2218 (2015) and Norton v. City of Springfield, 806 F.3d 411 (7th Cir. 2015).

Nuisance Concerts Separate Events

Liability 434, Nuisances 160: Concerts constituting a nuisance are considered separate events for purposes of the 120-day notice timeline in Wisconsin Statute § 893.80(1d). Yacht Club at Sister Bay Condo Assn., Inc. v. Village of Sister Bay, 2019 WI 4.

Wisconsin Cities Have Class!

Municipal Corporations 59: Provides overview of Wis. Stat. sec. 62.05 which classifies cities as 1st, 2nd, 3rd and 4th class cities based on population as well as procedure for altering classification and some differences between the different classes.

Municipal Employees are Employees at Will

Employees 350

WI Fair Employment Act: New Amendments Address Arrest & Conviction Discrimination in Licensing

Licensing & Regulation 398

New Records Schedule Approved for Municipalities

Public Records 151

FRSA Preempts Ordinance Prohibiting Trains from Obstructing RR Crossings

The Wisconsin Court of Appeals recently held that the Federal Railroad Safety Act (FRSA) and regulations promulgated pursuant to that act preempt a City of Weyauwega ordinance prohibiting any train from obstructing, for more than 10 minutes. . . .

Local Government Emergency Powers

Is your municipality prepared to deal with an emergency? Recent disasters
in communities across the state, like flooding and explosions, highlight
the importance of being prepared to cope with local emergencies.

Municipal Publication Requirements

This article provides a basic overview of municipal publication requirements and addresses common questions that arise with regard to those requirements.

Kenosha Program "Gets the Lead Out!"

There has been a surge in public awareness of the risks of lead exposure in drinking water. Exposure to lead has been linked to adverse health effects in infants, young children, and pregnant women, and is potentially harmful to adults.

A Silent Revolution of Agency Review

Municipalities frequently interact with state and federal agencies, and they sometimes need courts to review whether an agency decision is arbitrary, an abuse of discretion, or otherwise contrary to law.

Supreme Court Review for States and Local Governments 2018

The State and Local Legal Center (SLLC) files Supreme Court amicus curiae briefs on behalf of the Big Seven national organizations* representing state and local governments.
Big Cases
In South Dakota v. Wayfair** the Supreme Court ruled . . .

Removal of Officers: Governing Body Procedures and the Recall Procedure

Can a governing body remove a member who repeatedly fails to show up for meetings? What about a member who always shows up but seems to focus all his or her energy on creating dissent? What about a member who reveals information discussed in closed . . .

Determining the Residency of Municipal Officers

At the time they are elected, members of municipal governing bodies and other local elected officers must be resident electors of the municipality. Common council members representing aldermanic districts must not only reside within the city . . .

Special Assessments--A Common Way to Recover Costs of Public Improvements

Several months ago a state legislator called me into his office to discuss
a question he had received from a constituent. The constituent had called to complain about the city charging her a special assessment of over $1,000 for sidewalk and curb . . .

Managing the Risks of Tax Increment Financing

Tax increment financing (“TIF”) is a local economic development tool that can be an essential ingredient in making a development project happen. However, financing
a development project can expose a municipality and its taxpayers to significant . . .

Act 243 Constrains Municipal Development Authority

The Developers bill (2017 AB 770), so called because it was sought by
the Wisconsin REALTORS and the Wisconsin Builders Associations and limits municipal powers to regulate development and recover the cost of serving new development, was signed . . . .

The Latest Landlords Legislation--A Description of Act 317

The following description of municipally relevant provisions in Act 317, the Landlords' legislation, is lifted with minor changes from a memo prepared by Wisconsin Legislative Council Principal Attorney Scott Grosz. The League appreciates . . .

Board of Review

Each year, spring brings a mix of showers and sunshine. Much like the weather, property taxes provide a healthy foundation for funding local government services. To ensure the effectiveness of this process, fair and equitable taxation is essential.

Collecting Room Taxes from Airbnb and other Short-term Rentals

Despite recent changes made to the room tax law designed to help municipalities receive room taxes from short-term rental properties advertising on Airbnb and other online services, the reality is that little has changed in Wisconsin.

Municipal Regulation of "Click and Collect" Alcohol Sales

“Click and Collect” describes a practice where consumers order online from a retailer’s website and then pick up their orders at a local store. The use of Click and Collect . . .

Public Records Law Application to Individual Local Officials

Most public records requests are handled by municipal clerks, treasurers, administrators, or department heads, and involve records that are routinely created or kept by municipalities in the normal course of business.

Agenda Control and Presiding Officers

Although agendas are not required
by any state law, many governmental bodies, by custom or procedural rule, use them. They serve important practical purposes by providing a structure that facilitates efficient and effective use of meeting time . . . .

Items in the State Budget Affecting Municipalities

After nearly three months of legislative delay, Governor Walker signed the 2017-2018 state budget bill into law
as Act 59 on September 21. Like all state budgets, Act 59 is a mixed bag for municipalities, although positive changes slightly . . . .

When is a Street a Street?

When is a street a street? Although the question posed by this title may sound like a riddle or the lead-in to a joke, being unable to answer that question is no laughing matter when the outcome is important to those with a stake in the issue.

Is Your Website Accessible to People with Disabilities?

Local governments are increasingly finding that municipal websites are a cost-effective and efficient way to make information available to the public
24-7 without the direct assistance of government personnel. Not surprisingly . . . .

When are Committees "Governmental Bodies" Under the Open Meeting Law?

In State ex rel. Krueger v. Appleton Area School Dist. Bd. Of Educ., 2017 WI 70, the Wisconsin Supreme Court attempted to clarify when a committee constitutes a "governmental body" for purposes of the open meeting law after Krueger, a parent . . . .

Municipal Case Law Update (Part 2)

This is part 2 of a case law update summarizing cases decided within the last year that affect municipalities but not including U.S. Supreme Court decisions. Part 1 was published in the August issue of The Municipality.

U.S. Supreme Court Decides Wisconsin Takings Case

The U.S. Supreme Court decided a major regulatory takings case last week, ending a Wisconsin land-use battle that lasted more than a dozen years. See Murr v. Wisconsin, No. 15-214 (U.S. June 23, 2017). It is not common for
a case to jump . . . .

Municipal Case Law Update (Part 1)

This is Part 1 of a 2-part case law update summarizing Wisconsin appellate and 7th circuit decisions affecting Wisconsin municipalities.

Court Rejects Substantial Zoning and Planning Law Changes

The City of Fitchburg (City) and the League of Wisconsin Municipalities
(League) recently won an important Wisconsin Supreme Court case for local government control over municipal zoning, planning, and development.