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Verona rejects MMSD counteroffer in appeal over Badger Mill Creek discharge; council convened closed session
Summary
City attorney and outside counsel updated the council on the City of Verona’s appeal of a circuit court decision favoring MMSD/DNR about area‑wide water quality management and discharge to Badger Mill Creek; council moved into closed session for negotiation and later voted to reject MMSD’s counteroffer.
City attorneys briefed the Verona Common Council on ongoing litigation over regional water‑quality planning and the council voted to reject a counteroffer from the Madison Metropolitan Sewerage District (MMSD).
Attorney Krista Westerberg described the background: the city filed suit challenging the Wisconsin Department of Natural Resources’ decision to allow MMSD to amend an area‑wide water quality management plan in a way that the city says effectively forecloses discontinuing a discharge to Badger Mill Creek. The circuit court ruled against the city and the city filed an appeal. Westerberg said the parties jointly requested an extension of certain briefing deadlines in the Court of Appeals to allow settlement discussions.
Because settlement strategy and counteroffer development implicate attorney‑client deliberations, the council voted to convene in closed session under Wis. Stat. 19.85(1)(g) to discuss negotiating positions. After reconvening in open session, Alder Swanson moved — and Alder Weiss seconded — a motion to reject MMSD’s counteroffer; the motion passed by voice vote.
Councilors did not disclose settlement terms publicly; staff said the appeal briefing schedule was extended into December while the parties continue to discuss possible resolution short of continued litigation.
