Janesville board adopts written Board of Review rules after public objections

The City of Janesville Board of Review on June 3 adopted a written set of rules and procedures governing how objections and evaluation hearings are handled, after public comment from property owners and discussion among board members and city staff.

The adoption formalizes procedures the board said reflect existing practice, but not before residents and attorneys warned the rules could limit due process for objectors. Gary Kolenberg, a frequent participant at Wisconsin Board of Reviews, urged the board not to adopt the document “just before all these hearings,” saying the draft gives the assessor an unfair procedural advantage and requires objectors to submit extensive supporting documentation in advance. He told the board the draft "strips the rights of property owners" and asked that the board table the item to 2026.

Attorney David Moore, representing Janesville Hospitality, told the Board he shared Kolenberg's concerns about Rule 18, a proposed subpoena and pre-hearing discovery procedure. Moore said his client had been "ambushed" in a prior proceeding by a subpoena process that did not allow sufficient time to respond. The board heard clarification from City staff and counsel that the rules are intended to organize existing practice and to align with state statute, and that the assessor’s recommendations to deny hearings remain recommendations — the board retains final authority.

Board members discussed three areas of dispute raised by objectors: (1) whether the assessor could request subpoenas and other documentation before an evaluation hearing, (2) whether appraisal reports prepared within the last five years must be submitted and whether the appraiser must appear, and (3) how strictly to apply form-completeness standards. The board chair and members emphasized that the draft primarily codified practices they said had been used in prior years and that the board itself would continue to exercise judgment case by case.

Board members also discussed the timing of subpoenas under Wis. Stat. sec. 70.478(4) (discussed in the meeting as a timing question). One proposed amendment discussed by members would limit the subpoena power to the evaluation or hearing itself rather than “in advance of” an evaluation; several board members asked the city attorney to review the statute and return with a recommendation. The board ultimately proceeded with adoption while noting they could amend the written rules later.

Tom Lipinski moved to adopt the rules as presented; Bill (Philip) Yoss seconded. The board voted unanimously in favor; the clerk recorded no opposing votes and the policy was adopted.

The board also received a reminder from a volunteer that its prior conduct in certiorari matters had been commended by a judge in an earlier case; several members cited that prior court review as evidence the board and assessor have followed lawfully defensible processes previously.

The board indicated that, although it adopted the written rules, it expects to remain sensitive to fairness concerns raised by objectors and to modify the rules in future sessions if necessary. The board chair asked that members and staff remain alert during hearings to avoid situations where procedurally-complete filings nevertheless deny an objector the ability to be heard.

Ending: The rules adoption concluded the item; the clerk recorded the adopted policy and placed it on file for use during the current board of review session.