June 26, 2023 at 2:14 p.m.
Court of appeals upholds ruling on Presque Isle direct legislation issue
Voters signed petition to enact hazardous wake ordinance or go to referendum
By By Trevor Greene-
In October of 2021, a group of citizens associated with the nonprofit organization The Last Wilderness Alliance filed a petition under the state's direct legislation statute - Wis. Stat. §9.20 - in an attempt to force the board to make a decision with regard to a draft hazardous wake ordinance.
The petition, which was signed by 150 Presque Isle voters, requested the board either enact the draft ordinance or take the matter to its residents by placing it on the ballot.
"A number of electors equal to at least 15 percent of the votes cast for governor at the last general election in their city or village may sign and file a petition with the city or village clerk requesting that an attached proposed ordinance or resolution, without alteration, either be adopted by the common council or village board or be referred to a vote of the electors," the relevant statute states.
While Milanowski's summary judgement ruling was complex, it boiled down to Presque Isle not being a village or a city, and therefore the direct legislation statute was not applicable to a community with town status as the statute only refers to villages and cities.
In its introduction, the court of appeals' decision outlines the dispute between the citizens and the town board.
The decision says when concerns regarding hazardous wakes and how they interfere with the state's Public Trust Doctrine were brought to the town board by residents, the board took no action in 2021 after it considered the ordinance.
The residents, the decision states, then tried to "force the board to take action" by way of direct legislation.
"The town did not act upon the petition, and it argues that it was not required to do so because §9.20 is not applicable to towns," the decision states. "In contrast, the Residents argue that §9.20 is applicable to the Town based on its adoption of village powers under Wis. Stat. §§60.10(2)(c) and 60.22(3) and pursuant to Wis. Stat. §61.342. After the Town refused to act on the Residents' petition, the Residents sought a writ of mandamus in the circuit court."
The court of appeals concluded Milanowski's decision to deny the residents' petition for a writ of mandamus was appropriate.
"None of the statutes upon which the Residents rely give them the authority to petition the Town for direct legislation, and the Town had no duty to act upon the Residents' petition, even though the Town has adopted village powers under Wis. Stat. §§60.10(2)(c) and 60.22(3)," the decision states. "Thus, under the circumstances, the Residents have no clear right under the direct legislation statute to compel the Board to take action on their petition, and the Town did not have a plain and clear duty to approve the proposed ordinance or place it on the ballot."
Presque Isle resident Jeff Meessmann, who is part of The Last Wilderness Alliance, told the The Lakeland Times he and the other petitioners are disappointed in the court of appeals' decision and an appeal to the Wisconsin Supreme Court is being considered.
Trevor Greene may be reached via email at [email protected].
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