Metropolitan Builders Association
Successful in Lawsuit against Village of Jackson

(Waukesha, WI) – October 16, 2007 – The Metropolitan Builders Association was successful in a legal challenge against the Village of Jackson regarding an ordinance that required developers to install broadband conduit and provide the conduit to the Village without compensation. 

The Circuit Court in Washington County recently dismissed the dispute between the MBA and the Village of Jackson after the Village agreed to a change their Ordinance.  In addition to the deletion of the provision, the Village agreed not to enforce any provision in any Developer’s Agreement between a member of the MBA and the Village requiring installation of fiber-optic conduit under the ordinance. The Village will also reimburse any MBA member who has installed any fiber-optic conduit pursuant to a Developer’s Agreement between that MBA member and the Village for the reasonable costs of such installation.

Wisconsin law is clear with what is considered an essential service and what is considered a “taking”. With the recent action by the Court, it established that the Village of Jackson over stepped its bounds by requiring the conduit to be installed and provided to the village without compensation.

The MBA is a strong proponent of housing affordability and objected to this ordinance because of the additional cost that would be incurred by end consumers in the purchase of residential housing. The original complaint against the Village of Jackson in regards to Ordinance 03-17 was filed in September of 2006; litigation became necessary when an agreement could not be reached outside of the court system.