Tom Schumacher to Receive EDC Director’s Award

Pasted Layer #6Tom Schumacher will be honored by the St. Croix County Economic Development Corporation at their annual banquet on February 25, 2016, in River Falls, Wisconsin. Tom will receive the 2015 EDC Directors Award. He will be the fourth recipient of the award since the corporation was formed in 1993.

Read more about Tom’s service here. Learn more about the St. Croix County EDC here.

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Posting Notices on the Internet

Wisconsin law requires municipalities to either publish or post various legal notices. In general, “publishing” means publishing in the local or officially designated newspaper, while “posting” means literally posting the notice on a public notice board or other such place where the public is likely to see it.

In those cases where posting is allowed by state law, the former requirement was that notices had to be posted in at least three places where the public was likely to see the notice.

The Governor recently signed 2015 Wisconsin Act 79 into law, which allows municipalities that choose to post notices to do so in one physical public place and on the municipality’s website, instead of posting the notice in three public places.

As always, there are exceptions. If you have any questions about a specific notice that must be posted, you should contact your municipal attorney.

Keep in mind that this is an option, not a requirement. A municipality may continue to post in three places, or more, and municipalities are not (yet) required to have websites.

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Update on Impact Fee Deadlines

We have been asked recently to remind municipalities about the deadlines by which impact fees must be used or returned to the present owner of the property. The law, Wis. Stat. § 66.0617(9), has a relatively complicated set of deadlines, which are based on when the impact fees were collected.

  • For any unspent impact fees collected before January 1, 2003, you have already missed the deadline of December 31, 2012. Any unspent fees must be returned to the present property owner.
  • Impact fees collected after December 31, 2002, and before April 11, 2006, must be used not later than the first day of the 120th month beginning after the date on which the fee was collected. Pursuant to Wis. Stat. § 66.0617(9)(c)2, those impact fees are on a rolling ten-year deadline. For example, if an impact fee was collected in January of 2006, its deadline would be February 1, 2016. 2016 will be the last year for impact fees collected under this provision.
  • Impact fees collected after April 10, 2006, and collected within seven years of the effective date of the ordinance imposing the fees must be used within ten years after the effective date of the ordinance. The ten-year limit may be extended for three years if the municipality passes a resolution that includes detailed written findings specifying the extenuating circumstances or hardship supporting the need for the extension.
  • Impact fees collected after April 10, 2006, and collected more than seven years after the effective date of the ordinance imposing the fees must be used within a reasonable period of time after collected. Reasonable is not defined in the statute – “reasonable” will vary depending on the circumstances. A reasonable time to build a water tower will almost certainly be considerably longer than a reasonable time to install playground equipment in a park. These determinations will have to be made on a case-by-case basis (unless the law changes).

Again, this is a complicated set of deadlines, and the circumstances will vary case-by-case. If you have any questions regarding these deadlines, you should contact your municipal attorney.

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Bits & Bytes – Lender Edition: Should I Request That a Receiver Be Appointed in my Foreclosure Action?

B&BTake a moment for “Bits & Bytes” as Deanne Koll discusses whether or not a lender should request that a receiver be appointed in a foreclosure action.

Click here for a transcript or click here to view previous videos in the Lender Edition series.

Disclaimer: This video is designed to be educational and informative, but it is not legal advice. Collection law is constantly evolving and subject to change. Each situation is unique, and each case should be addressed to fit the unique situation.

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Should I Request That a Receiver Be Appointed in my Foreclosure Action?

B&BTake a moment for “Bits & Bytes,” as Attorney Deanne Koll discusses whether or not a lender should request that a receiver be appointed in a foreclosure action.

Disclaimer: This video is designed to be educational and informative, but it is not legal advice. Collection law is constantly evolving and subject to change. Each situation is unique, and each case should be addressed to fit the unique situation.

Most standard loan documents state that the debtor consents to the  appointment of a receiver. But, whether to request a receiver be appointed is the creditor’s discretion.

The effect of a receivership is nearly always to take away control of the debtor’s property or financial affairs and place that control in the hands of a neutral third party.

If a creditor wants a receivership in place, the creditor must pay that neutral third party to act as the receiver, which can be expensive. However, that cost must be weighed against the possibility that the debtor’s cash, collateral or other assets may be deteriorated or wasted during the pendency of a collection action.

Sometimes the threat of a receiver appointment gives the creditor leverage with the debtor, even if the receiver is never, in fact, appointed. Having one’s business taken away and handed over to a third party is a scary proposition for a debtor. Thus, sometimes the threat of the receivership can bring a debtor to the negotiation table during collection.

There may be additional, fact-specific considerations in the decision to appoint a receiver, other than the ones mentioned here. You should speak with your attorney to discuss all issues prior to deciding to seek the appointment of a receiver.

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A New Edition of the Municipal Law Alert is Now Available Online

A new edition of the Municipal Law Alert is now available online. This month’s articles provide an update on impact fee deadlines, as well as tips for municipalities who post notices on the internet.

View the latest articles clicking the titles below, or click here for a print-friendly version. Archives of the Municipal Law Alert, including the ability to key word search, are also available.

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Carol Skinner Rejoins Bakke Norman

Carol Skinner Head shotBakke Norman is pleased to welcome back Attorney Carol Skinner in an Of Counsel role. Carol was a shareholder at Bakke Norman before departing to Skinner and Associates in Hudson. Carol will be teaming with David Schoenberger, Pete Reinhardt and Kate Avoles in our Employment Law practice group.

Bakke Norman provides employment law services in a wide variety of employer and employee areas including compliance with Wisconsin, Minnesota and federal employment laws, state and federal litigation, drafting and review of company policies, employee handbooks, position descriptions, non-competes, consulting and separation agreements. Carol will also continue to provide employment counseling and mediation/arbitration services through Skinner and Associates, a boutique firm specializing in employment and intellectual property law. She is first and foremost a counselor, advising clients with an eye to avoiding lawsuits through strategic decision-making which protects employees’ rights while allowing employers to operate a successful business.

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