Home Rule – Conflict of Laws

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Civil

WI Court of Appeals – District I

Officials: Curley, P.J., Kessler and Brennan, JJ.

Home Rule – Conflict of Laws

Where state law does not trump local ordinance in light of the “Home rule” because the statute at issue does not involve a matter of statewide concern.

2014AP400 Milwaukee Police Association v. City of Milwaukee

“There is no dispute that, while the statute does not overtly single out any particular municipality, it will have an outsize impact on the City of Milwaukee. As detailed more fully in the background portion of this opinion, the Legislative Fiscal Bureau paper makes very clear that the City of Milwaukee would be very severely impacted by legislation prohibiting residency requirements. On the other hand, the impact of a prohibition on residency requirements on the numerous other local governmental bodies in this state is not discussed in any meaningful way. Indeed, the notion that a statute purporting to gut the tax bases and compromise neighborhood integrity of all municipalities would pass both houses of the legislature defies logic. Regardless of what the statute’s language says, the facts in the record make clear that only one city— Milwaukee—will be deeply and broadly affected. We therefore can reach no other conclusion than that WIS. STAT. § 66.0502 does not uniformly affect every city or village in this state.”

Decision

Affirmed in Part. Reversed in Part. – Recommended for Publication

Full Text

Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.