Wisconsin Builders Association Wins Lawsuit Against Village of Sussex
PRESS RELEASE
For Immediate Release
Alicia Naleid, Director of Communications
(608) 242-5151 ext. 13
Wisconsin Builders Association Wins Lawsuit Against Village of Sussex
Village found in violation of land development state law
May 12, 2022 – The Wisconsin Builders Association (WBA) recently won a land development lawsuit it pursued against the Village of Sussex. WBA financed the lawsuit through the Builders Legal Action and Research (BLAR) Fund, with assistance from both the Metropolitan Builders Association and Madison Area Builders Association.
“The Village of Sussex was requiring developers to enter into developer agreements that placed surety bond requirements on those developers beyond what is allowed by statute,” said WBA outside legal counsel Robert Procter, Axley Attorneys. “The Village’s requirements placed a significant financial burden on the development of single-family housing—a cost ultimately borne by the homebuyer.”
In 2015 and 2017, the WBA and other housing stakeholders worked with state legislators to adopt statutory rules as to the amount of surety, the type of surety, and the length of time it would be in place to balance the need to protect the municipalities and the need to limit the costs that such requirements placed on housing. The Village of Sussex argued that it could impose requirements in excess of the statute by having developers enter into developer agreements as a condition of the approval of a subdivision. Waukesha County Circuit Court Judge Michael Maxwell issued a declaratory order striking the Village’s ordinances that conflicted with state law, and permanently enjoined the Village from imposing requirements beyond those allowed by the statute.
“In a time when there is a critical lack of housing, this is an important win not only for developers, but homeowners all across the state,” said WBA Executive Director Brad Boycks. “In this instance, the requirements Sussex was enforcing were not only illegal, but were unnecessarily delaying the development and building process.”
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About the Wisconsin Builders Association
The Wisconsin Builders Association is a professional trade association comprised of 21 local associations dedicated to helping members build communities around the state. We advocate the interests of 4,000 home building industry members to keep housing affordable and accessible for Wisconsin families, Protecting the American Dream for over 70 years.