Statutory Interpretation

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WI Court of Appeals – District II

Case Name: Garfield Baptist Church v. City of Pewaukee

Case No.: 2018AP673

Officials: Reilly, P.J., Gundrum and Hagedorn, JJ.

Focus: Statutory Interpretation

This case involves a challenge by Garfield Baptist Church to the City of Pewaukee’s charges for use of its storm water management system. The Church alleged that the charges constituted political subdivision fees that did not “bear a reasonable relationship to the service for which the fee is imposed” under WIS. STAT. § 66.0628(2) (2017-18), and that the charges violated WIS. STAT. § 66.0821, which allows challenges to sewerage and storm water charges. At a bench trial, the circuit court placed the burden on the City to prove that its charges bore the required “reasonable relationship” under § 66.0628(2). The circuit court found that the City did not meet this burden, ruling for the Church. The circuit court also declared the charges “inequitable” under § 66.0821(4)(c). We reverse.

WISCONSIN STAT. § 66.0821(4)(c) is not an acceptable vehicle for challenging sewerage and storm water charges. Challenges of that kind may be raised pursuant to subsec. (5) of that statute; however, our cases have made clear that the public service commission has exclusive jurisdiction to make an initial determination that charges are unreasonable or unjustly discriminatory, and its determination is subject to review in our courts via WIS. STAT. ch. 227. Therefore, the circuit court’s determination on this ground was in error.

The circuit court’s separate determination that the charges did not bear a “reasonable relationship” to the services provided under WIS. STAT. § 66.0628(2) also must be overturned because the circuit court erroneously placed the burden of proof at trial on the City rather than the Church. And because this error affected the substantial rights of the City, we reverse the judgment and remand.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.