PRESS RELEASE

July 14, 2025

The Village of Union Grove has won a major legal victory in its challenge of a $1.16 million assessment from the Racine County Board of Drainage Commissioners. In a 2 to 1 decision issued by the Wisconsin Court of Appeals, the court ruled in favor of Union Grove and overturned the Racine County Circuit Court’s earlier decision against the Village.

The case stems from a December 2022 assessment levied by the Drainage Board against Union Grove for dredging and maintenance work within the Yorkville-Raymond Drainage District. That district spans ten miles of the West Branch of the Root River Canal and associated drainage features, all located entirely within the Villages of Yorkville and Raymond. No portion of Union Grove lies within the District.

In a 2 to 1 decision, the Court found that the Drainage Board did not follow the legal requirements set by state law, specifically Wisconsin Statutes § 88.64, which governs how upstream municipalities may be assessed for drainage costs. The Court concluded that the engineering report used to support the assessment did not include all of the information required by statute, rendering the assessment invalid.

Union Grove had challenged the assessment from the beginning, arguing that it was improper to levy such a large charge for work being done entirely outside Village boundaries and without clear evidence linking the cost to increased water flow from the Village. The Court did not reach the constitutional arguments raised by the Village, but agreed that the assessment failed on statutory grounds.

The ruling means Union Grove is no longer obligated to pay the $1.16 million assessment, which had been scheduled to be paid 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.”

CONTACT INFORMATION
If you have questions about this press release, please contact Connor LaPointe, Village Administrator, at (262) 878-1818 or clapointe@vi.uniongrove.wi.gov