Governor Seeks Change of Judge in RPC Lawsuit Case; Hearing Delayed Until Monday, September 30

September 25, 2002
Sharyn Wisniewski, (608) 267-8823
County Executive

At the request of Governor Scott McCallum and his attorney, John Kassner, there has been a change of judge and hearing date in the case brought by several municipalities and organizations against the Governor. The suit challenges his executive order to dissolve the Dane County Regional Planning Commission as of October 1, 2002. Kassner filed a motion seeking a change of judge in the case. As a result, a hearing on the plaintiff’s request to have the court issue a temporary injunction, which would keep the RPC operating pending the final outcome of the case, has been moved from Friday to Monday. It will be heard by Circuit Court Judge David Flanagan, Branch 12, at 3 p.m., in Room 313 of the City-County Building. The case originally had been assigned to Circuit Court Judge Moria Krueger. Dane County Executive Kathleen Falk, the Cities of Middleton and Stoughton, the Town of Dunn, 1000 Friends of Wisconsin, the Dane County Chapter of the League of Women Voters, the Friends of Pheasant Branch Watershed, the RPC and seven of its employees are plaintiffs in the suit. Last month the Governor signed into law an extension of the RPC to October 2004. Then, two weeks later, by executive order, he ended it as of October 1. The suit claims that the Governor cannot himself legally undo what he had already signed into law. The RPC, formed in 1968, is responsible for county-wide water quality planning, approving sewer service extensions to new development outside the urban service area, community planning assistance and demographic data collection. # # #