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This document is part of the application for temporary restraining order by the Coalition for a Better Jefferson.

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STATE OF WISCONSIN CIRCUIT COURT JEFFERSON COUNTY

COALITION FOR A BETTER JEFFERSON

Plaintiff,

v. Case No.

Injunction
Case Code #30704

CITY OF JEFFERSON

Defendant,


COMPLAINT

Plaintiff, Coalition for a Better Jefferson, by its attorney, David R. Halbrooks, as and for a complaint against the above-named defendant, City of Jefferson, alleges and shows to the Court as follows:

  • That the plaintiff, Coalition for a Better Jefferson, is an unincorporated association organized as a political group for a referendum pursuant to sec.11.05, Stats. with its address as: 714 Windsor Terrace, Jefferson, WI 53549.
  • That the defendant, City of Jefferson, at all times herein mentioned is a municipal corporation organized and existing under the laws of the State of Wisconsin, with its principal offices located at 317 S. Main Street, Jefferson, WI 53549.
  • That all allegations in this complaint took place in the City and County of Jefferson, Wisconsin.
  • On October 10, 2005, immediately after filing as a political group, the Coalition for a Better Jefferson filed a petition for direct legislation. The petition provided for an ordinance that regulates annexations by the City of Jefferson of over fifteen (15) acres.
  • Four (4) days later on October 14, 2005, the Coalition for a Better Jefferson offered for filing 456 signatures on petitions attached to the direct legislation to the City of Jefferson City Clerk, Tanya NP Stewart.
  • On October 21, 2005, Jefferson City Clerk Tanya NP Stewart certified the petitions as to sufficiency and form and referred the matter to the City of Jefferson Common Council.
  • Pursuant to sec.9.20, Stats. the Common Council then had 30 days to either vote to adopt the ordinance which was the subject of the petition for direct legislation or set the matter for referendum.
  • On November 1, 2005, the Jefferson Common Council set the proposed ordinance for a first reading with a second reading and public hearing set for November 15, 2005.
  • On November 15, 2005, the City of Jefferson Common Council has scheduled on its agenda, the annexation of a parcel of land over fifteen (15) acres at the same meeting in which the direct legislation is pending.
  • If the City of Jefferson Common Council proceeds with the annexation while the direct legislation is pending, the public policy reasons for direct legislation will be emaciated.
  • The Coalition for a Better Jefferson will have no other adequate remedy at law for its direct legislation to be effective if the City of Jefferson Common Council is allowed to proceed with the annexation pending the Common Council vote on the direct legislation or a referendum.
  • The passage of the proposed annexation will irreparably harm the members of the Coalition for a Better Jefferson and the citizens of the City of Jefferson who will not have their statutorily protected right to be heard.
  • The City of Jefferson Common Council scheduled action to annex property outside the City of Jefferson, over fifteen (15) acres, will upset the status quo as it exists with the current legal proceeding of the direct legislation petition.
  • The rights of the Coalition for a Better Jefferson and the citizens of the City of Jefferson will be outweighed by the business interest of individuals outside the City of Jefferson if the annexation is allowed to proceed before a final determination on the direct legislation petition.

WHEREFORE, the plaintiff, Coalition for a Better Jefferson, demands judgment as follows:

    • To restrain the defendant, City of Jefferson, by means of a temporary restraining order, temporary injunction and permanent injunction, from proceeding with the annexation of a property over fifteen (15) acres until the current direct legislation petition legal process has been completed;
    • That the court award the plaintiff, Coalition for a Better Jefferson, its costs, dispersements, and attorney fees as may be authorized by statute;
    • That the court grant such other and further relief that the court may deem appropriate.

COALITION FOR A BETTER JEFFERSON v. CITY OF JEFFERSON

Dated and signed at Milwaukee, Wisconsin this 14 th day of November, 2005.

DAVID R. HALBROOKS

State Bar No. 01007375

Attorney for Plaintiff,

Coalition for a Better Jefferson

735 W. Wisconsin Avenue

Suite #1200

Milwaukee, WI 53233

Telephone: (414) 978-8015