GREEN BAY, WI (WTAQ-WLUK) – A lawsuit regarding the constitutionality of Neenah’s sign ordinance is likely to be decided without a trial, the judge and attorneys said in court Monday.
The proposed sale of the former Shattuck Middle School into residential apartments and other living spaces has been opposed by some neighbors. Yard signs opposing the redevelopment reading “Don’t Rezone Shattuck Middle School Leave R1 Alone” have been posted by some people. The city issued notices, demanding the signs be removed by Feb. 8. Timothy and Megan Florek, with the help of the Wisconsin Institute for Law and Liberty, filed suit in federal court, seeking to have the ordinance overturned.
The city voluntarily stopped enforcement of the ordinance, although a federal judge later issued a formal order stopping Neenah from taking action while the lawsuit continues.
During a scheduling conference Monday, Lucas Vebber, the attorney for the Floreks, said settlement talks continue with the city.
If not, Judge William Griesbach said the case appeared to be one which would be decided on written legal briefs, so he did not schedule a jury trial. Both sides have motions due to the court in November. After that, a written decision is expected, if the case hasn’t already been settled.