People of Cady Remove Zoning Authority from Town Board

Last night, at the Annual Town Meeting in Cady, the electors voted 37 to 7 to remove zoning authority from the Cady Town Board by rescinding their Village Powers.

Without Village Powers, the Town Board has no legal authority to implement zoning ordinances in Cady. This action by the electors in Cady last night makes the results of the November 2018 referendum legal and binding per Wisconsin 60.10(2). 

To all of those who attended the meeting last night in person or in spirit, or have worked over the past years, months, or days to preserve our property rights in Cady, you deserve a great deal of thanks for your efforts. It has finally paid off.

Not everyone in Cady is going to be happy with this turn of events, but the majority of us clearly stated in November that this is what we wanted, for the Town Board to stop moving forward with zoning. The best thing that we can do right now to preserve our liberties is to use them responsibly and ethically every day as we pursue our happiness and purpose through the use of our property. 

Stay awake and engaged with the town government, and guard this precious jewel. Once lost, it may be impossible to ever recover. Today, it is much safer than it was just yesterday. Let's keep it safe.

Cady Town Caucus - Call for Candidates

It's January of an odd-numbered year, so that means it's time for our Cady Town Caucus where we have the opportunity to nominate candidates for the Cady Town Board. The Town Caucus is going to be held on January 14, at 7:00PM at the Cady Town Hall. The current Town Board members have stated that they intend to run for re-election this year, as expected. 

One big difference this year is that we, the residents of Cady, have told the Town Board that we do not want them to continue with implementing a zoning ordinance in Cady. However, most of the current board members are not completely satisfied with the results of the November referendum. While Chairman Mike Tully has said that as far as he is concerned, zoning is a dead issue, Supervisors Jim Mikla and Bob Klanderman believe that more followup and discussion is needed before they would be willing to submit to the clearly stated wishes of the Cady townspeople. They said as much in the December board meeting.

CADY NEEDS YOU!

Cady needs Town Board members that are willing to govern in accordance with the will of the people. We need board members who will work to preserve our rights and our livelihoods, not take control of them. We need board members who respect the clearly stated wishes of the townspeople and will strive to foster better communication between the residents and town government. We need board members who will support our efforts to conduct business in our homes and on our properties. 

While the current Town Board has done a fine job of managing our roads and emergency services, they have repeatedly failed us in many of the areas listed above. We believe that it is time for a change. 

If you believe in the values of life, liberty and property, you are willing to consider serving Cady as a member of our Town Board, and would like the support of the Cady Liberty Caucus, please contact us as soon as possible. We would like to talk to you before the Town Caucus on January 14th. We would like to do what we can to ensure that good men and women are nominated for service in the Cady Town government, for the future of Cady.

Cady needs you...

Phone: 262-345-CADY (262-345-2239)

Email: CadyLibertyCaucus@gmail.com

Thank you,

Cady Liberty Caucus

Zoning Referendum Results - Liberty Prevails!

I trust that you all had a wonderful Thanksgiving and are now looking forward to Christmas. I expect that most of you are probably already aware of the results of the advisory referendum on zoning, but perhaps some of you are not, so I thought I would send out an update to you all.

The people of Cady have officially requested that the Cady Town Board NOT continue to develop a zoning ordinance.

Will they respect our wishes and abide by the results of the referendum? We'll have to see. The two supervisors had originally said that they would not commit to abide by the results, but Chairman Tully has said that he would.

Remember, they are up for re-election in April, 2019.

Thank you to all of you who turned out to vote on November 6 to formally voice your opinion. Now we must ensure that the Town Board intends to abide by our wishes, or they must be replaced.

Property Taxes vs. Permitting Fees - What's the Difference?

There is a statement in the Cady Zoning Referendum that says "Zoning has no impact on property taxes."

This statement was intentionally inserted into the referendum statement to try and alleviate concerns about the personal cost of zoning to Cady residents.

I already pointed out that per Wisconsin state law, 70.32(1g), the assessor shall consider the effect on the value of the property of any zoning ordinance.

Additionally, according to the Wisconsin Towns Association website:

Town zoning with village powers can be manpower and cost intensive. Both a plan commission and a zoning board of appeals will need to be staffed. The town will bear all costs of ordinance creation and amendment, administration and enforcement. Enforcement in particular includes ordinance prosecutions by the town attorney as well as the initiation of and defense against lawsuits related to the town’s zoning.

Question: How is the Town of Cady going to support these expenses if they do not raise property taxes?

Answer: They'll have to do it through permitting fees and penalties, which is just another name for taxes.

Just say "NO" to Zoning in Cady on November 6.

Our property rights are just too precious to surrender.

Non-binding Advisory Referendum on Zoning

The Cady Town Board has submitted their proposed wording for the non-binding advisory referendum on zoning in Cady. The referendum is scheduled to be on the ballot in Cady for the general election on November 6, 2018.

The referendum is expected to read as follows:

This is a nonbinding question to give the Town Board direction concerning zoning. Zoning has no impact on property taxes. Should the Town of Cady continue to develop a Zoning Ordinance?

Yes

No

This referendum is an advisory referendum. The governing body of the Town of Cady is not legally bound by the results of this advisory referendum.

A "yes" vote would advise the Cady Town Board that you want them to create a Zoning Ordinance.

A "no" vote would advise the Cady Town Board that you would like Cady to continue as it is, without a Zoning Ordinance.

However, regarding the statement on property taxes, Wisconsin 70.32(1g) states that the assessor shall consider the effect on the value of the property of any zoning ordinance under s. 59.692, 61.351, 61.353, 62.231, or 62.233. https://docs.legis.wisconsin.gov/document/statutes/70.32(1g)

Also, according to a Wisconsin court decision in State ex rel. Hensel v. Town of Wilson, while a sale establishes value, the assessment still has to be equal to that on comparable property. Sub. (2) (b) requires the assessor to fix a value before classifying the land; it does not prohibit him from considering the zoning of the property when it is used for some other purpose.

Chairman Mike Tully has publicly stated that he will abide by the results of the referendum. However, supervisors Bob Klanderman and Jim Mikla stated that they may not. They said that they would wait to see the results before deciding. Since they have consistently supported the Title 13 zoning ordinance, it my expectation that they would only intend to abide by the results of the referendum if the people of Cady vote "YES" for zoning. If the people of Cady vote to retain their existing property rights and say "NO" to zoning, the town supervisors may not be willing to abide by the results. Remember, ultimately zoning in Cady will be up to these three individuals, and if two out of three board members decide to implement zoning against our wishes, the use of our private properties will wind up under their control.

It has been my goal all along to have the residents of Cady make our own informed decision as to whether or not to surrender our property rights and submit ourselves to a zoning ordinance. This planned referendum is a rare and incredible opportunity for the people of Cady to clearly make our position known to our town government. Let's not let this opportunity pass us by. Spread the word to all of your friends and neighbors in Cady.

JUST SAY "NO" TO ZONING IN CADY!

Thank you for your continued interest and support. Together, we can keep Cady free.

***** CADY ZONING UPDATE *****

It is my pleasure to bring you some very good news today. Last night, the Town Board decided to move ahead with a town referendum on zoning in Cady. Although the exact wording of the referendum has not yet been determined, it will ask something like "Should the Town of Cady continue to develop a zoning ordinance?" The choices will be "YES" or "NO" and should be on the ballot for the November 2018 election.

Chairman Mike Tully has publicly stated that he will abide by the results of the referendum. However, supervisors Bob Klanderman and Jim Mikla stated that they may not. They said that they would wait to see the results before deciding. Since they have consistently supported the Title 13 zoning ordinance, it my expectation that they would only intend to abide by the results of the referendum if the people of Cady vote "YES" for zoning. If the people of Cady vote to retain their existing property rights and say "NO" to zoning, the town supervisors may not be willing to abide by the results. Remember, ultimately zoning in Cady will be up to these three individuals, and if two out of three board members decide to implement zoning against our wishes, the use of our private properties will wind up under their control.

It has been my goal all along to have the residents of Cady make our own informed decision as to whether or not to surrender our property rights and submit ourselves to a zoning ordinance. This planned referendum is a rare and incredible opportunity for the people of Cady to clearly make our position known to our town government. Let's not let this opportunity pass us by. Spread the word to all of your friends and neighbors in Cady.

Thank you for your continued interest and support. Together, we can keep Cady free.

Cady Zoning Poll

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