VOTERS WITH FACTS v. CITY OF EAU CLAIRE

Case No.: 2015AP1858.

913 N.W.2d 131 (2018)

2018 WI 63

VOTERS WITH FACTS, Pure Savage Enterprises, LLC, Wisconsin Three, LLC, 215 Farwell LLC, Dewloc, LLC, Leah Anderson, J. Peter Bartl, Cynthia Burton, Corinne Charlson, Maryjo Cohen, Jo Ann Hoeppner Cruz, Rachel Mantik, Judy Olson, Janeway Riley, Christine Webster, Dorothy Westermann, Janice Wnukowski, David Wood and Paul Zank, Plaintiffs-Appellants-Petitioners, v. CITY OF EAU CLAIRE and City of Eau Claire Joint Review Board, Defendants-Respondents.

Supreme Court of Wisconsin.

Opinion Filed: June 6, 2018.


Attorney(s) appearing for the Case

For the plaintiffs-appellants-petitioners, there were briefs filed by Thomas C. Kamenick , Richard M. Esenberg , Brian McGrath , and Wisconsin Institute for Law & Liberty, Milwaukee. There was an oral argument by Richard M. Esenberg.

For the defendants-respondents, there was a brief filed by Douglas Hoffer , assistant city attorney, and Stephen C. Nick , city attorney, with whom on the brief was Remzy D. Bitar and Arenz, Molter, Macy, Riffle & Larson S.C., Waukesha. There was an oral argument by Douglas Hoffer.

An amicus curiae brief was filed on behalf of Eau Claire Area Chamber of Commerce, Inc. by Ryan J. Steffes and Weld Riley, S.C., Eau Claire.

An amicus curiae brief was filed on behalf of Wisconsin REALTORS Association, NAIOP-WI, and the Wisconsin Economic Development Association by Thomas D. Larson and The Wisconsin REALTORS Association, Madison.

An amicus curiae brief was filed on behalf of League of Wisconsin Municipalities, City of Milwaukee, City of Madison, and Wisconsin Towns Association by Claire Silverman and League of Wisconsin Municipalities, Madison, with whom on the brief were Mary L. Schanning , deputy city attorney of Milwaukee; Gregg C. Hagopian , assistant city attorney of Milwaukee; Grant F. Langley , city attorney of Milwaukee; Michael May , city attorney of Madison; and Rick Manthe and Wisconsin Towns Association, Shawano.

An amicus curiae brief was filed on behalf of the State of Wisconsin by Misha Tseytlin , solicitor general, Brad D. Schimel , attorney general, and Kevin M. LeRoy , deputy solicitor general. There was an oral argument by Misha Tseytlin.


¶ 1 This case arises out of the approval of a redevelopment project in the City of Eau Claire (the "City"), which relied in part on funds derived from two tax incremental districts ("TIDs"): TID 8 and TID 10. Voters with Facts, et al.1 ("Plaintiffs") challenged the legality of the City...

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