{"id":13616,"date":"2024-10-24T18:15:50","date_gmt":"2024-10-24T18:15:50","guid":{"rendered":"https:\/\/wifamily.news\/?p=13616"},"modified":"2024-10-24T18:58:02","modified_gmt":"2024-10-24T18:58:02","slug":"wmc-serves-notice-of-claim-on-neenah","status":"publish","type":"post","link":"https:\/\/wifamily.news\/?p=13616","title":{"rendered":"WMC Serves Notice of Claim on Neenah"},"content":{"rendered":"<p>This post originally appeared at <a href=\"https:\/\/www.wmc.org\/press-releases\/wmc-serves-notice-of-claim-on-neenah\/\">https:\/\/www.wmc.org\/press-releases\/wmc-serves-notice-of-claim-on-neenah\/<\/a><\/p>\n<p style=\"text-align: center\"><em><strong>Alleges City Imposing Unlawful Property Tax<\/strong><\/em><\/p>\n<p><strong>NEENAH<\/strong> \u2013 Wisconsin Manufacturers &amp; Commerce (WMC) \u2013 the state\u2019s combined chamber of commerce and manufacturers\u2019 association \u2013 served a <span style=\"text-decoration: underline\"><a href=\"https:\/\/wmclitigationcenter.org\/wp-content\/uploads\/2024\/10\/Neenah-Notice-of-Claim-TARF-FINAL.pdf\" target=\"_blank\" rel=\"noopener\">notice of claim<\/a><\/span> on the City of Neenah, with the WMC Litigation Center serving as its counsel. The city accepted service of the notice on Wednesday. In the notice, WMC argues the city\u2019s Transportation Assessment Replacement Fee (TARF) is an illegal tax under recent precedent.<\/p>\n<p>Last year, the Wisconsin Supreme Court unanimously struck down a Transportation Utility Fee (TUF) imposed by the Town of Buchanan in <em>Wisconsin Property Taxpayers v. Town of Buchanan<\/em>. And then last March, the Wisconsin Court of Appeals unanimously struck down another TUF imposed by the Village of Pewaukee in <em>WMC v. Village of Pewaukee<\/em>. In its notice of claim, WMC asserts Neenah\u2019s TARF is substantively identical to both of those recently invalidated TUFs.<\/p>\n<p>\u201cFirst Neenah was imposing an unconstitutional sign ordinance, which the Litigation Center fought against and defeated in court. Now Neenah is disregarding the rule of law again with its TARF. And this time, it\u2019s doing so in the face of directly on-point and recent case law,\u201d said Scott Rosenow, WMC Litigation Center\u2019s Executive Director. \u201c<em>Buchanan<\/em> and <em>Pewaukee<\/em> couldn\u2019t be any clearer: The TARF is a tax and Neenah has no authority to impose it.\u201d<\/p>\n<p>Neenah began collecting its TARF, which is imposed on every developed property in the municipality, in 2023, and sharply increased the costs earlier this year. As municipalities may impose taxes only when state law explicitly authorizes them to do so, they have no inherent power to impose taxes. Additionally, courts have resoundingly held that no state law authorizes a municipality to impose a property tax that is based on a property\u2019s estimated use of a road.<\/p>\n<p>\u201cNeenah\u2019s TARF hurts every property owner in Neenah, especially businesses,\u201d said Nathan Kane, WMC Litigation Center\u2019s Deputy Director. \u201cWe hope the City will do what it refused to do with its unconstitutional sign ordinance and repeal the illegal TARF before it\u2019s invalidated in court.\u201d<\/p>\n<p style=\"text-align: left\"><span style=\"text-decoration: underline\"><a href=\"https:\/\/wmclitigationcenter.org\/wp-content\/uploads\/2024\/10\/Neenah-Notice-of-Claim-TARF-FINAL.pdf\" target=\"_blank\" rel=\"noopener\">Click here to read the notice.<\/a><\/span><\/p>\n<p style=\"text-align: center\">###<\/p>\n<p>The post <a href=\"https:\/\/www.wmc.org\/press-releases\/wmc-serves-notice-of-claim-on-neenah\/\">WMC Serves Notice of Claim on Neenah<\/a> appeared first on <a href=\"https:\/\/www.wmc.org\">WMC Wisconsin&#8217;s Chamber <\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>This post originally appeared at https:\/\/www.wmc.org\/press-releases\/wmc-serves-notice-of-claim-on-neenah\/ Alleges City Imposing Unlawful Property Tax NEENAH \u2013 Wisconsin&#8230;<\/p>\n","protected":false},"author":2,"featured_media":440,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16],"tags":[],"class_list":["post-13616","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-wmc"],"_links":{"self":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/13616","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=13616"}],"version-history":[{"count":1,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/13616\/revisions"}],"predecessor-version":[{"id":13617,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/13616\/revisions\/13617"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/media\/440"}],"wp:attachment":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=13616"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=13616"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=13616"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}