Saturday, December 9, 2017

"The First Legal Challenge"

Dear County Board,
While an indirect challenge to the Foxconn MTP politician overreach and land grab, WILL is directing a challenge against the City of Eau Claire:

The $10 billion Foxconn factory in Racine County could be “imperiled” by a lawsuit challenging an economic development project in Eau Claire, according to the state Department of Justice.
At issue is whether local economic incentives can result in cash payments to a private developer or company — which in the Eau Claire case include $1.5 million, but in the Foxconn case total $100 million.
The state is seeking to intervene in support of the Eau Claire project in a lawsuit brought by the conservative Wisconsin Institute for Law and Liberty on behalf of local taxpayers who say Eau Claire abused Wisconsin’s tax incremental financing (TIF) law.
The case, Voters with Facts v. City of Eau Claire, is now before the state Supreme Court after both the district court and an appellate court ruled in favor of the city.
Rick Esenberg, the lawyer for the plaintiffs in the Eau Claire lawsuit, is arguing that the $1.5 million direct payment plus half of the redevelopment payment are an illegal property tax rebate for the property owner, which would violate the state Constitution’s requirement that property taxes be assessed in a uniform manner, known as the uniformity clause.
Esenberg said it’s possible the argument could also apply to Foxconn, though he hasn’t studied the Foxconn project in depth. He said the lawsuit isn’t challenging the use of TIF districts, but is more narrowly focused on the cash payment to developers.
“If the uniformity clause prohibits payment to a taxpayer, and we think it does, then if you want to do the Foxconn deal you’ve got to do it without making a payment to a taxpayer out of a TIF district,” Esenberg said.
Please join Cindy and I is JUST SAYING NO to allowing Governor Scott Walker, Representatives Robin Vos,  Cory Mason & MTP President David DeGroot to violate the Wisconsin Constitution (and their Oath of Office) by granting special rights to Corporate interests, stealing people’s property, destroying multi-generational Farms alongside an entire long established Community, loosening environmental protections, permitting heavy metals water pollution, instituting slave labor wages, providing taxpayer subsidies to multi-billionaire Corporations, and politician overreach.


Tim &Cindy

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