SHOULD OUR CITY FOLLOW THE LAW?

In a message dated 7/20/2015 6:58:28 P.M. Central Daylight Time, DBuzzdavis@aol.com writes:

Should Our City Follow the Law?

Last  Thursday Stoughton Forward filed a lawsuit against the City, Kettle Park West (KPW) LLC and WalMart Real Estate Business Trust.

Why?  The lawsuit alleges that the amended Developer's Agreement is invalid, the council's resolution to approve a three party agreement (city, KPW & WM) is invalid and the three party agreement itself is invalid  --  because the state's Tax Incremental Financing (TIF) law requires that specific procedures be followed when a city significantly amends an approved TIF project plan.

The lawsuit alleges the changes made to the above documents meet the level of significant amendments to the TIF project plan.

These major amendments are that WalMart, the richest corporation in the world, will now receive the city's $5 million in TIF funds under the following conditions:  If the KPW LLC goes bankrupt, or cannot follow thru with the construction of the $5 million in public improvements for the new mall anchored by a SuperCenter, the city will give WalMart the $5 million and WM will then construct the public improvements or WM can require the city to spend the $5 million on public improvements.

These major amendments were made in violation of state law requiring public notice and a public hearing before the planning commission and review and approval of the proposed changes by the planning commission, the council and the joint review board.

Of course, the law is so written to ensure that significant amendments to TIF projects DO receive public input and proper consideration by all the government jurisdictions involved.

Prior to the Mayor's and council's approvals, Stoughton Forward's attorney emailed the council and outlined the questionability of its proposed actions under the law and I spoke to the council during public comment.  This advice was disregarded.

As individuals and as governments, we must try to live under the rule of law.  If we do not, we will live under the rule of political whims and power plays and public money will be wasted.

Stoughton Forward urges citizens, who believe individuals and governments should be required to follow the law, to join us as plaintiffs in our law suit.  The cost to join is zero.  The cost to let Stoughton violate state laws will be substantial.