County counsel outlines newly filed class action and other pending cases

County counsel informed the board that a new class action has been filed seeking return of surplus funds from tax foreclosures for 72 counties and the city of Milwaukee.

Counsel said the suit was prompted by a recent U.S. Supreme Court decision involving Hennepin County, noting that the Minnesota case found retaining surplus funds after in rem tax foreclosures could constitute an unconstitutional taking. The new Wisconsin filing asks for return of surplus funds from 1975 through the present, counsel said; the claim is newly filed and county insurers are coordinating a defense. Counsel cautioned it was too early to predict outcomes but suggested a court might impose a recovery limit (for example, six to 10 years) rather than ordering return of 40 years of funds.

Counsel also updated supervisors on other matters: an ongoing opioid case; an appeal of a denied conditional use permit that the circuit court remanded to the board of adjustment for clearer reasoning; an open‑records lawsuit by Pat Rowe involving a missed deadline that is fully briefed and awaiting a judge’s decision; a newly filed claim from AFNI alleging segregated debt; a potential reimbursement claim from an airport hangar damage payment handled by a private insurer; and a Frontier claim for alleged cable damage. Counsel said several matters are early stage and some are covered by insurance.

No board action was taken; counsel said staff will continue to coordinate with insurers and report back as cases develop.