Trustee discussion of possible fire fee paused after attorney flags ongoing state litigation

Village Attorney Eddy briefed the Board of Trustees on ongoing litigation that challenges municipal fire/EMS fee ordinances and warned the case could affect Weston’s consideration of a local fire fee.

Attorney Eddy told trustees he had reviewed a pending lawsuit brought by Wisconsin Manufacturers and Commerce that targets ordinances in other municipalities and that both sides have filed summary judgment motions. “I discovered that there is a lawsuit going on right now involving the same ordinance that we're thinking about enacting,” Attorney Eddy said, noting motions and a hearing scheduled for Nov. 3 and that any decision would likely be appealed.

The attorney explained plaintiffs argue municipalities lack authority to impose the fee and contend the charge functions as a tax rather than a fee; defendants counter with legal precedent supporting fee authority, especially where charges are proportionally related to the cost of providing fire/EMS readiness. Attorney Eddy said the suit is active in Waukesha County and that a circuit‑court decision could be appealed to higher courts, which would prolong a final statewide precedent.

Trustees discussed options including placing a referendum question before voters and the implications of prior failed referenda in other jurisdictions. Board members noted that a referendum result would not, in Attorney Eddy’s view, necessarily resolve the legal question in the pending litigation; he said the litigation focuses on whether the ordinance is a permissible fee or an improper tax under state law.

No fee ordinance was adopted at the meeting. Trustees agreed to continue discussion at the Oct. 20 board meeting and to coordinate with SAFER’s board (which was scheduled to meet separately) before finalizing any action or referendum schedule.