Local Businesses Sue Villages of Pewaukee and Dousman for Imposing Unlawful Fire-Protection Charges

The WMC Litigation Center filed the lawsuit challenging costly and illegal fire-protection charges

MADISON – The WMC Litigation Center filed a lawsuit against the Villages of Pewaukee and Dousman on Monday. Brought on behalf of local businesses, the lawsuit alleges that the Villages’ annual fire-protection charges are unlawful.

These charges are imposed village-wide as special charges on all real property – even tax-exempt property. Although special charges for fire protection must, under state law, be calculated on a per-call basis, these charges are not.

“These charges are unlawful. They’re also unfair,” said WMC Litigation Center Deputy Director Nathan Kane, who filed this lawsuit. “In 2022 Dousman voters rejected a referendum that would have raised property taxes to increase revenue for the fire district.”

“This new fire-protection charge looks a lot like the tax increase that voters shot down at the ballot box,” Kane added. “But Pewaukee’s village board didn’t even put this issue to the voters. Perhaps worse yet, Pewaukee is charging senior-living housing units 475% more each year than single-family homes.”

“The Village of Pewaukee is at it again,” said WMC Litigation Center Executive Director Scott Rosenow. “Earlier this year, the WMC Litigation Center convinced the Wisconsin Court of Appeals to strike down Pewaukee’s ‘transportation user fee’ as an unlawful tax. Now, the Village of Pewaukee has unfortunately necessitated another lawsuit over another illegal tax. I hope this lawsuit protects taxpayers in Dousman and Pewaukee from this unlawful charge.”

The complaint, filed in Waukesha County Circuit Court, seeks a permanent injunction prohibiting the Villages of Dousman and Pewaukee from imposing these charges.

The WMC Litigation Center is an affiliate of Wisconsin Manufacturers & Commerce (WMC), the combined state chamber of commerce and manufacturers’ association. This lawsuit was filed on behalf of WMC; Hawthorne Place LLC, owner of senior-living apartments in Pewaukee; KKNN Quail LLC, owner of residential apartments in Pewaukee; and Lee Bleecker, who owns several commercial properties in Dousman.

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