Kenosha Reporter

The Village of Union Grove has achieved a significant legal victory in its dispute over a $1.16 million assessment imposed by the Racine County Board of Drainage Commissioners. The Wisconsin Court of Appeals ruled 2 to 1 in favor of Union Grove, overturning an earlier decision by the Racine County Circuit Court.

The case originated from a December 2022 assessment levied against Union Grove for dredging and maintenance work within the Yorkville-Raymond Drainage District. This district covers ten miles of the West Branch of the Root River Canal and related drainage features, all located within the Villages of Yorkville and Raymond. Notably, no part of Union Grove is situated within this district.

The Court found that the Drainage Board did not adhere to legal requirements outlined in Wisconsin Statutes § 88.64, which dictate how upstream municipalities may be assessed for drainage costs. It was determined that the engineering report supporting the assessment lacked necessary information as required by statute, rendering it invalid.

Union Grove contested the assessment from its inception, arguing against imposing such a large charge for work conducted entirely outside its boundaries without clear evidence linking costs to increased water flow from the Village. Although constitutional arguments were raised by Union Grove, the Court focused on statutory grounds.

As a result of this ruling, Union Grove is no longer required to pay the $1.16 million assessment initially scheduled over five years.

“This decision confirms that there are limits to what local boards can impose on municipalities,” said Village President Steve Wicklund. “We appreciate that the Court recognized the importance of following the law, especially when taxpayer dollars are at stake.”

For further inquiries about this press release, contact Connor LaPointe, Village Administrator, at (262) 878-1818 or clapointe@vi.uniongrove.wi.gov