Municipal Law

RSS Link

The American Institute of Architects (AIA) publishes a widely used family of template-based construction contract documents, including A201, the General Conditions of the Contract for Construction. Many Wisconsin municipalities adopt these forms assuming they are balanced, neutral, and suitable for public-sector use without significant revision.

In practice, however, several provisions shift critical project risk away from contractors and toward municipal owners – particularly late in the project when system performance, commissioning, scheduling, and public expectations are most important.

Scott Smith headshot

Scott

…
Continue Reading Five Terms Wisconsin Municipalities Should Revise Before Signing Construction Contracts

Per- and polyfluoroalkyl substances (PFAS) are a class of thousands of human-made chemicals used across a number of industries. Their durability makes them ideal for various uses like stain protection in textiles, machine lubricants, and fire suppression. That same durability has led to their more common name, forever chemicals, as they do not break down easily in the environment and can persist in the human body for long periods. PFAS have been associated with an increased risk of certain…
Continue Reading The Shifting Nature of the PFAS Regulatory Landscape

Wis. Stat. chapter 704 and Wis. Admin. Code chapter ATCP 134 govern landlord tenant law in Wisconsin. However, municipalities throughout Wisconsin have enacted their own ordinances that create variations in the Wisconsin statutes and administrative code.

It is important to understand local ordinances when practicing landlord tenant law in Wisconsin. These variances may provide additional protections to tenants or require specific procedures for landlords or tenants in relation to disputes regarding the rented premises.
An Example: Repairs
Repairs at

…
Continue Reading Variations in the Legal Rights of Residential Landlords and Tenants

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

Imposing View of City Hall

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