The lawsuit filed by Don and Colleen Schultz of Kendall Township against three members of the town board was settled out of court and the case was dismissed.
The Schultzes filed a writ of mandamus in Lafayette County Circuit Court alleging that the town violated state law by refusing to allow the Schultzes to see financial reports and unapproved town board meeting minutes dating back to June. The lawsuit was filed in November.
The lawsuit listed as defendants town chairman Micah Bahr and supervisors Jackie Steffes and Don Christensen. It accused them of violating the state Open Records Law and possibly the Code of Ethics for Public Officials and Employees, which is in state law.
During a status hearing for the case on Dec. 23, Susan Allen, the attorney representing the town board members, filed a motion to dismiss the case stating that the policies and procedures of filing the lawsuit in the first place were not followed correctly and it was not clear what the Schultzes were seeking.
A motion for dismissal hearing was then scheduled for Dec. 30, but that did not happen as the two sides were stated to have reached stipulation agreements and asked for the hearing to be taken off the court’s calendar.
The stipulation document, filed by the Lafayette County clerk of courts on Jan. 30, 2014, outlined several terms to be followed, including:
-that the town board members would provide any unapproved minutes and financial reports from July 2013 through December 2013 to the Schultzes by Feb. 1.
-that the town board members would reimburse the Schultzes filing, service, mail and copy fees, which totaled $218.50.
-that neither party would admit liability regarding the issue.
-that terms of the stipulation would be kept confidential amongst the parties after signing.
-that any future requests by the Schultzes will be made in accordance with the Wisconsin Open Records Law.
-and that the parties will request that the court issue and order dismissing the case.
The stipulation agreement was signed by all parties involved and their attorneys between the dates of Jan. 9 and Jan. 30.