Municipal Law

Earlier this summer, Axley Attorneys published an update on a notable case in Wisconsin concerning a legal challenge to Act 10 pending in Dane County Circuit Court[1].  In that update, we reported on Judge Jacob Frost’s decision in Abbotsford Education Association v. Wis. Employment Relations Commission (WERC)[2], denying a motion for a preliminary injunction and finding that parts of Wisconsin’s Act 10 violate the equal protection guarantees of the state Constitution.  Although the July 3,
Continue Reading One Step Closer: An Update on the Constitutional Challenge to Wisconsin Act 10

A “pedestrian way” is defined in the statutes as “a walk designated for the use of pedestrian travel.”  (Wis. Stat. § 346.02(8)(a)).  But is a sidewalk a pedestrian way?  The Wisconsin Supreme Court, in a case of first impression, answered that question, “NO.”

In the case of Sojenhomer LLC v. Village of Egg Harbor, the Supreme Court held, in a 4-3 decision, that the definition of “pedestrian way” does not include “sidewalks” for the purpose of determining the
Continue Reading A Municipality’s Power to Condemn: A Sidewalk and Pedestrian Way Walk Into A Bar…

When first passed on March 9, 2011, Wisconsin Act 10 restricted collective bargaining rights for public sector employees. Act 10 allowed “public safety employees” to continue to collectively bargain with their municipal employers, but effectively eliminated collective bargaining rights for all other municipal employees. Act 10 survived legal challenges in both Federal[1] and Wisconsin Courts[2].

On July 3, 2024, Dane County Circuit Court Judge Frost issued a decision and found that parts of Wisconsin’s Act 10 
Continue Reading Potential Restoration of Collective Bargaining Rights for Municipal Employees in Wisconsin? 

Wisconsin Supreme Court Update: July & August 2023
The Wisconsin Supreme Court finished up its 2023–24 term in June, issuing a slew of new decisions and granting review in one new case for next term. In this update, we take a closer look at the civil cases the court decided to round out the term.
Cases Decided
Allsop Venture Partners III v. Murphy Desmond SC, No. 2020AP806

Evidence

Decision Filed: June 2, 2023

Public Citation: 2023 WI 43

Practice
Continue Reading Wisconsin Supreme Court Update: July/August 2023

When researching a legal issue, local laws are an often overlooked resource.  Municipal and county governments pass ordinances on a variety of topics, including administrative procedures, standards of conduct, and zoning.  Although many of these laws are available online through local government websites or through services such as eCode or municode, they can be difficult to locate.  Fortunately, the Wisconsin State Law Library has created a comprehensive guide to Wisconsin Ordinances and Codes.

Some larger municipalities and counties
Continue Reading Researching Local Law – Municipal & County Legislation, Tracking, & Legislative History

ef17d93b-e767-485f-bd5d-8319f9f625f8-WCA ARPA Guidance.pdf

President Biden signed the American Rescue Plan Act of 2021 (“ARPA”) into law on March 11, 2021. ARPA is a $1.9 trillion federal spending package intended to provide economic and other relief related to the covid-19 pandemic.

The Wisconsin Counties Association and its general counsel, von Briesen & Roper, s.c., have received many questions surrounding ARPA, interpretation of its terms, and its impact on counties.

von Briesen & Roper, s.c. prepared comprehensive guidance for counties regarding
Continue Reading The American Rescue Plan Act: Guidance for Wisconsin Counties in Implementation of the Local Fiscal Recovery Fund