Day Center? City Atty’s Take on Where We are At . . .

October 29, 2014 9:59 am

Well, his guess is as good as any, but here’s the info he gleaned and was willing to share.Denise Demarb asked him to look into it.

From: Demarb, Denise
Sent: Tuesday, October 28, 2014 12:02 PM
To: All Alders
Subject: Fwd: Town of Madison, Dane County and the Day Shelter- do not reply all

Colleagues

I asked Attorney May to check into the claim of a law suit between the County and the Town of Madison – concerning the Day Shelter. Below you will find a note from Attorney May on his findings.

Per Attorney May the County feels the Town is placing restrictions that are not reasonable – such as the County would need to pay the Town for all Police and Fire calls to the Day Center. And when Chris and I met with Sharon Corrigan and Jeff Pertl last week they also mentioned the installation of sidewalks on the Day Center property – there are no other sidewalks on other properties along the road.

I felt you may also be wondering where the County and the Town are on the Day Shelter.

Denise

Denise DeMarb
Alder, District 16
Madison, Wisconsin

And this was his take on it.

From: “May, Michael”
Date: October 28, 2014 at 11:44:40 AM CDT
To: “Demarb, Denise”
Subject: Town of Madison, Dane County and the Day Shelter

Alder Demarb:

I inquired as to any lawsuits between the Town and the County on this matter. The County Corporation Counsel’s office informs me that no lawsuit has been commenced, yet. But the County has filed a Notice of Claim with the Town over conditions being placed on the Shelter, and that Notice would be a prerequisite to suing the Town. Meanwhile, the County Board of Adjustment (BOA) ruled that the Shelter can proceed without any further approvals. The Town still has several weeks to appeal the BOA ruling to circuit court.

I got the impression that while no litigation has started, both sides are gearing up for that eventuality if this cannot be worked out.

I do not have any details beyond this.

If you forward this to other alders, remind them not to reply to all.

Michael P. May
City Attorney
City of Madison
210 Martin Luther King Jr. Blvd., Rm. 401
Madison, WI 53703
608/266-4511
FAX:608/267-8715
mmay@cityofmadison.com