01-2217 Mt. Horeb Community Alert v. Village of Mt. Horeb

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For example, contrary to the Village’s argument, we conclude that the proposed ordinance does not conflict with Wis. Stat. Sec. 67.05(2)(b), authorizing a municipality to borrow funds.

“The proposed ordinance is not an initial resolution. It requires a referendum ‘prior to the start of any physical construction of any municipally financed …

project.’ Borrowing is not and need not be the beginning of a project. Project proposals are usually brought up and debated before municipalities pass initial resolutions authorizing borrowing for the project. Though we agree that Wis. Stat. § 67.05(2) prohibits Village electors from passing initial resolutions, Community Alert’s proposed ordinance does not affect the Village’s initial resolutions, or the statutory authority for them. While the Village is correct that if it adopted Community Alert’s proposed ordinance, a project could be terminated before it begins, we do not see that as conflicting with a statute outlining the procedures for of municipal borrowing. …

“We conclude that the Village of Mt. Horeb was not required to seek a declaratory judgment before refusing to act on Community Alert’s proposed ordinance. We also conclude that Community Alert’s proposed ordinance does not modify statutory procedures, is legislative in nature, does not repeal existing legislation and does not exercise powers that are outside of the authority of the Village Board.

We therefore reverse and remand for further proceedings consistent with this opinion.”

Recommended for publication in the official reports.

Dist IV, Dane County, Callaway, J., Dykman, J.

Attorneys:

For Appellant: Christopher J. Blythe, Madison

For Respondent: Angela A. James, Madison