Case Name: Wisconsin Property Taxpayers Inc. vs. Town of Buchanan
Type of Case: Rule of Law
Court: Outagamie County Circuit Court, Supreme Court of Wisconsin
Filed On: September 16, 2021
Current Status: WIN! SCOWIS made unanimous ruling in favor of WILL Client, WPT Inc.
Press Releases
WILL SECURES MAJOR VICTORY FOR PROPERTY TAXPAYERS AT WISCONSIN SUPREME COURT
June 29, 2023 | The Supreme Court of Wisconsin (SCOWIS) has repealed the Town of Buchanan’s transportation utility fee, creating a strong precedent to protect property taxpayers across the state of Wisconsin. The lawsuit was filed by the Wisconsin Institute for Law & Liberty (WILL) on behalf of Wisconsin Property Taxpayers, Inc. (WPT).
SCOWIS TAKES APPEAL IN TRANSPORTATION UTILITY FEE LAWSUIT
December 16, 2022 | The Supreme Court of Wisconsin has granted a joint petition to bypass the court of appeals, and accepted review of the Town of Buchanan’s appeal of WILL’s case against the Town’s transportation utility fee.
JUDGE STRIKES DOWN TOWN OF BUCHANAN’S TRANSPORTATION UTILITY FEE
June 6, 2022 | Outagamie County Circuit Court Judge Mark McGinnis struck down the Town of Buchanan’s transportation utility fee holding that the fee violates strict levy limits imposed on counties and municipalities in state law.
WILL Sues Town of Buchanan for Adopting, Implementing Unlawful Tax
September 16, 2021 | WILL filed a lawsuit against the Town of Buchanan, in Outagamie County, after the municipality adopted and implemented a “transportation utility fee” that violates state law and circumvents strict levy limits.
WILL WARNS TOWN OF BUCHANAN TRANSPORTATION FEE AMOUNTS TO UNLAWFUL TAX
May 4, 2021 | WILL filed a Notice of Claim with the Town of Buchanan, in Outagamie County, that a recently adopted “transportation utility fee” is an unlawful tax and must be eliminated.
Current Status: WILL won in the trial court, the Town appealed, and the Wisconsin Supreme Court agreed to take the appeal on bypass. In June 2023, the Court ruled unanimously in favor of WILL’s client, holding that Buchanan’s transportation utility fee was properly characterized as a tax, was not authorized by statute, and that Buchanan exceeded its levy limit.
CASE DOCUMENTS
- WILL’s Complaint, September 16, 2021
- Notice of Claim, May 4, 2021
- Summary Judgment Decision, June 6, 2022
- Bypass Order, December 15, 2022
- Decision, June 29, 2023
