State Supreme Court to Review Buchanan’s Transportation Fee

MADISON, WI (WTAQ-WLUK) — The Wisconsin Supreme Court will review the Town of Buchanan’s transportation fee, it said Thursday.

The town instituted a transportation fee to projects including roads, sidewalks, street lights and storm water management. However, the Wisconsin Institute for Law and Liberty sued, arguing the fee amounted to a tax not allowed under state law.

An Outagamie County judge ruled against the town. The appeals court did not rule on the case, selecting to send it directly to the Supreme Court.

According to the case summary issued Thursday, these are the issues for the court to decide:

1. Does Wis. Stat. 66.0827 authorize the Town of Buchanan’s Transportation Utility Fee?
2. Does the Town of Buchanan’s Transportation Utility Fee violate its levy limit under Wis. Stat. 66.0602?
3. Does the Town of Buchanan’s Transportation Utility Fee violate the Uniformity Clause of the Wisconsin Constitution?

No date has been set for oral arguments before the high court. After that hearing, it will be several months until a decision is issued