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.