Coalition for a Better Jefferson

Background: The Coalition for a Better Jefferson has retained MEA to help secure their right to place direct legislation on a referendum ballot. The proposed legislation would require that the Council review environmental, traffic, infrastructure and community impact studies of the proposed land use before annexing more than 15 acres of land for development. In November, 2005 the Jefferson Common Council refused to send proposed legislation to voters and began hearings on a 22-acre annexation proposal to develop a Wal-Mart Supercenter .

MEA, representing Coalition for a Better Jefferson, formally requested that the Jefferson County Circuit Court order the City of Jefferson to abide by the law and allow residents to vote on proposed direct legislation. With the action, the Coalition filed for a temporary injunction to stop the Council’s accelerated efforts to vote on the Wal-Mart Annexation before the Court is able to review the legality of their actions.

The Coalition believes that the impact studies are vital to the community. Recent studies have shown that big-box development may cost more in city services than they generate in tax revenue. Additionally, the transformation of open land into parking lots generates 16 times more run-off. Polluted run-off from parking lots and other paved surfaces is the leading cause of water pollution in Wisconsin . The Rock River is approximately a half-mile from the proposed site of the Wal-Mart Supercenter

The legislation does not require the City to pay for the studies nor does it alter the Council’s ability to approve or reject proposals. The legislation would require the Council to receive more information before making a final vote. The knowledge of potential impacts of rural development will serve to protect rural landowners, the downtown areas and the Rock River .

On December 28, 2005 Jefferson County Circuit Court Judge Ullsvik granted the temporary injunction and ordered the Council to set aside the rapid annexation hearings, and all other annexation proposals over 15 acres, until the legality of their actions are reviewed by the Court. In granting the injunction, Judge Ullsvik found that Coalition’s claim had a reasonable probability of success and that the Coalition would suffer irreparable harm if the Council continued to act on, among other proposals, the 22 –acre annexation for a Wal-Mart Supercenter .

On January 3, 2005 the Common Council responded by again denying motions to send the legislation to voters.

Then on February 20, 2006, Jefferson County Circuit Court Judge John Ullsvik ruled against the Coalition and dismissed the writ of mandamus action.  In a “very close call,” Judge Ullsvik found that the impact studies were not the proper subject of direct legislation.  The key factor in the decision was the perceived need for building plans prior to annexation, a requirement that would encroach on Plan Commission powers.  The Coalition immediately sought temporary relief pending appeal in District IV of the Wisconsin Court of Appeals, but relief was denied.

Despite the ruling, the Coalition’s challenge was an important step towards increased community involvement in the government’s decision-making process.  The action raised awareness of impact studies and can serve as an example of a community group standing up for their right to shape their own future.   

 

 
Jefferson Media
 

Council Again Refuses Voters A Chance to Make Annex Decision
Press Release
January 11, 2006

Court Order Puts Annexation On Hold
The Watertown Daily Times
December 29, 2005

Coalition Suing Over Annexation
The Daily Jefferson County Union
December 21, 2005

Residents and Small Business Owners File Suit to Preserve Right to Direct Legislation
Press Release

December 21, 2005

Opinion Editorial: Jefferson Denies Public Access to Information on Wal-Mart
Milwaukee Journal Sentinel
November 25, 2005

Opinion Editorial: Jefferson Counsel Illegally Denying Public a Role in Wal-Mart Decision
The Capital Times
November 23, 2005

Supercenter Foes Lose Battels
The Capital Times
November 16, 2005

Jefferson Takes No Action on Ordinance
The Watertown Daily Times
November 16, 2005