Zwiefelhofer v. Town of Cooks Valley (February 8, 2012)

In a closely watched case, the Wisconsin Supreme Court held that a town (with village powers) has the power, under its police power, to adopt a non-zoning ordinance regulating non-metallic mining (for example, frac sand mining). The property owner contended that an ordinance passed by the Town of Cooks Valley was really a disguised zoning ordinance. Accordingly, the ordinance should be struck for failing to obtain the required county board approval. The Supreme Court’s decision recognized that while zoning ordinances and pure police power regulations are closely related, they are not the same. The Court concluded that a town may exercise its police power authority (meant to protect the health, safety and welfare of residents) to regulate activities involving land use, such as non-metallic mining.

This decision is extraordinarily important for towns in west-central Wisconsin that are attempting to respond to the explosion of frac sand mines in the area. This decision confirms a town’s authority to adopt ordinances to require a license to operate a frac sand mine (and related activities). It appears that this regulation may be accomplished either directly through the provisions contained in the ordinance or by placing conditions on the issuance of the license (similar to a conditional use permit). Many towns in west-central Wisconsin have either adopted, or have begun the process of considering the adoption of, these types of non-metallic licensing ordinances. The court’s decision in this case ends the debate as to whether towns with village powers have the authority required to adopt and enforce these kinds of ordinances.

If you are a town board member in a west-central Wisconsin town, you have or may be considering non-metallic mining issues in your town. This case provides a clear outline for enacting a non-zoning regulatory ordinance in your town.

• First, a town must adopt village powers (if it has not already done this).
• Second, if your town is not located in a county with a moratorium currently in place, you may consider adopting a moratorium on non-metallic mining.
• Third, use the breathing room provided by a moratorium to study, prepare, debate and possibly enact a licensing and regulatory ordinance.

The goal of a licensing and regulatory ordinance is to provide reasonable regulations to protect the health, safety and welfare of town residents. There are a number of factors to consider when adopting such ordinances, and no two towns are exactly alike. However, at a minimum it is important to consider the following: (i) protection of roads, air quality and water; (ii) mitigation of noise, dust and debris; (iii) prevention of high intensity lights at night; (iv) elimination of unsightliness (and the associated property value depreciation for neighbors); (v) regulation of hours and methods of blasting; and (vi) financial security.

If your town is considering regulation of non-metallic frac sand mining, yesterday’s Supreme Court decision confirms your ability to do so. However, it is important to remember that unless you follow the proper procedure to adopt a zoning ordinance (which requires county approval), you must still be careful to make sure your ordinance has the characteristics and purposes set forth by the Supreme Court in its decision.

To read the complete Wisconsin Supreme Court decision, click here. 

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Gary, however, is quick to point out that he is only one of many people who have and continue to volunteer their time and talent to making his community a better place to live. “I’m grateful for the honor,” Gary said, “but I accept it on behalf of all of the other volunteers who make a difference in New Richmond.” Bakke Norman Managing shareholder, Tom Schumacher, stated that Gary “embodies the firm’s commitment to serving the communities in which we live and work.”

 To read the News article, click here.

Scheduled panelists include:

• Joe Murray, WI Realtors Association, discussing pending legislation and emerging regulatory and political issues
• Lisa Petersen, Chicago Title, alerting realtors to frequent title issues
• Seth Sundeen, Dairy State Bank, sharing tips for realtors and recent issues on residential finance
• Adam Jarchow, Bakke Norman, discussing WB form contract issues

Attendees will also be able to ask questions of the panelists. Coffee and other refreshments will be provided.

Space is limited. RSVP by April 20, 2012, by emailing Janet King at jking@bakkenorman.com.

For more information about the “Breakfast with Bakke Norman” seminar series, click here.

A panel of guest speakers shared their insights and experiences on a variety of human resources and employment law topics. The speakers were:

• Joanne Jackson, Human Resources Director at Amery Regional Medical Center and 2011 Wisconsin SHRM President;
• Pete Reinhardt, Shareholder and Employment Law Attorney at Bakke Norman; and
• Linda Skoglund, Employee Benefits Specialist and Corporate President at JA Counter.

Attendees were also able to ask questions of the panelists.  Check back here or visit our You Tube channel to view video of the presentations.

Our next Breakfast with Bakke Norman is scheduled for May 8, 2012, at the Ready Randy’s Conference Center in New Richmond. The topic will be Western Wisconsin Real Estate Update. Scheduled speakers include:

• Joe Murray, Wisconsin Realtors Association
• Lisa Petersen, Chicago Title
• Seth Sundeen, Dairy State Bank
• Adam Jarchow, Bakke Norman

Space is limited. RSVP by emailing Janet King at: jking@bakkenorman.com.

The topics addressed in this outline include:

• What is Estate Planning?
• Why should I have an estate plan?
• What documents do I need?
• How do I get started?
• Will my estate be taxed? Will my heirs be taxed?

Disclaimer: This outline is designed to be educational and informative, but it is not legal advice. The areas of law covered in this outline are constantly evolving and subject to change. Each situation is unique, and each case should be addressed to fit the unique situation.

A panel of guest speakers will share their insights and experiences on topics including: The Affordable Care Act; innovative employee benefit plans; emerging issues in HR and avoiding litigation. Speakers include:

• Linda Skoglund, Employee Benefits Specialist and Corporate President at JA Counter;
• Joanne Jackson, Human Resources Director at Amery Regional Medical Center and 2011 Wisconsin SHRM President;
• Joey Monson-Lillie, Human Resources Director at Cardinal Glass; and
• Pete Reinhardt, Shareholder and Employment Law Attorney at Bakke Norman.

Attendees will also be able to ask questions of the panelists. Coffee and other refreshments will be provided. 

Space is limited. RSVP by emailing Janet King at: jking@bakkenorman.com.

A panel of guest speakers will share their insights and experiences on topics including: The Affordable Care Act; innovative employee benefit plans; emerging issues in HR and avoiding litigation. Speakers include:

• Linda Skoglund, Employee Benefits Specialist and Corporate President at JA Counter;
• Joanne Jackson, Human Resources Director at Amery Regional Medical Center and 2011 Wisconsin SHRM President;
• Joey Monson-Lillie, Human Resources Director at Cardinal Glass; and
• Pete Reinhardt, Shareholder and Employment Law Attorney at Bakke Norman.

Attendees will also be able to ask questions of the panelists. Coffee and other refreshments will be provided. 

Space is limited. RSVP by emailing Janet King at: jking@bakkenorman.com.

Linda was nominated for her extensive efforts to create and maintain the St. Croix Valley Bar Association’s free legal clinic and for her lifetime of dedicated service to the lawyers at Bakke Norman. The editors of the Wisconsin Law Journal selected her from more than 50 nominees.

The legal clinic is held on the second Monday of every month at the St. Croix County Government Center in Hudson, where individuals can talk to an attorney without charge. Since the legal clinic opened in 2005, Linda has recruited local attorneys to volunteer at the clinic and has attended almost every monthly session over the past 7 years. Linda credits Attorney Maureen Wegleitner for being the catalyst to getting the legal clinic up and running and has great respect for the many local attorneys that take time to provide legal help without charge every month. Linda says, “It is personally very fulfilling to me to see the relief on the faces of the individuals seeking advice when they get an answer to a legal problem they are facing.” Linda says that it is necessary to have five or six attorneys present each month to cover a wide variety of legal practice areas at each session, including  employment law, family law, landlord/tenant, small claims, criminal/traffic, estate planning, elder law, probate, real estate, business law, and debtor/creditor.

Linda plans to retire from Bakke Norman in 2012, but says she will continue to work with the legal clinic after retirement. Bakke Norman’s senior attorney, Gary Bakke, said that it is a true indication of Linda’s dedication to help those in need.