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Ashland County adopts tax‑deed sale ordinance to comply with state Act 235 amid ongoing litigation risk
Summary
The county adopted an ordinance to comply with Wisconsin Act 235 (passed after Tyler v. Hennepin County) governing tax‑deed procedures and amended a date in the ordinance; administrators warned of a statewide class‑action lawsuit that could reopen liability for prior tax‑deed sales.
The Ashland County Board approved a tax‑deed sale ordinance to align local procedures with Wisconsin Act 235, which the county said was enacted in response to the U.S. Supreme Court decision in Tyler v. Hennepin County. Supervisors amended a drafting date in the ordinance during the meeting.
The nut graf: The county adopted the ordinance to comply with state law; county staff and the county attorney’s office cautioned that a class‑action lawsuit has been filed against multiple counties and the state, seeking remedies for prior tax‑deed sales, and that further litigation could affect county liability.
County staff reviewed the background: following the Tyler v. Hennepin County U.S. Supreme Court decision, the Wisconsin Legislature enacted Act 235 to revise state tax‑foreclosure procedures. County counsel and corporate counsel reviewed the draft and advised that the ordinance aligns county procedures with the state statute.
Supervisors amended a “therefore” clause in the ordinance that referenced a prior February date; the board replaced that date with the meeting’s March date by motion and second. The board then approved the ordinance by voice vote; the chair announced the motion carried.
County administrator Dan (surname not provided) later reported that a class‑action lawsuit has been filed in state court (later moved to federal court) on behalf of several taxpayers seeking recovery tied to tax‑deed properties going back decades. The county has retained counsel to join a common defense: the Atollis law firm (Andy Phillips and team) is coordinating representation for the 72 Wisconsin counties that are part of the defense, the administrator said. The county’s insurance and the state Department of Justice are also involved in defense efforts.
Ending: The ordinance passed at the meeting to maintain statutory compliance; administrators warned that pending litigation may prompt further legal action or legislative remedies and recommended the county follow counsel guidance as the case proceeds through federal courts.
