ASSOCIATED BUILDERS v. CITY OF MADISON

Appeal No. 2022AP1468.

998 N.W.2d 549 (2023)

2023 WI App 59

ASSOCIATED BUILDERS & CONTRACTORS OF WISCONSIN, INC., Commercial Association of Realtors Wisconsin, Inc., NAIOP Wisconsin Chapter, Inc., Wisconsin Builders Association, and Wisconsin Realtors Association, Inc., Plaintiffs-Appellants, v. CITY OF MADISON, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed: October 5, 2023.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Richard M. Esenberg , Lucas T. Vebber , Anthony F. LoCoco , and Luke N. Berg of the Wisconsin Institute for Law & Liberty, Milwaukee. There was oral argument by Lucas T. Vebber.

On behalf of the defendant-respondent, the cause was submitted on the brief of and oral argument by Kate M. Smith , assistant city attorney of Madison.

A nonparty brief was filed on behalf of American Bird Conservancy, Wisconsin Society for Ornithology, and Madison Audubon Society by Peter E. McKeever , of Law Office of Peter E. McKeever, Monona, and William F. Sheehan , of American Bird Conservancy, Washington, D.C.

Before Kloppenburg, P.J., Blanchard, and Graham, JJ.


¶1 WISCONSIN STAT. ch. 101 (2021-22)1 contains a number of provisions that pertain to the adoption of a statewide commercial building code. See, e.g., WIS. STAT. § 101.02(15)(j) (directing the state department of professional services to adopt a statewide commercial building code); see...

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