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Judge rules fired golf pros can move ahead with lawsuit against city [The Wisconsin State Journal]
[September 20, 2014]

Judge rules fired golf pros can move ahead with lawsuit against city [The Wisconsin State Journal]


(Wisconsin State Journal (Madison, WI) Via Acquire Media NewsEdge) Sept. 20--A potentially precedent-setting lawsuit filed by four golf pros fired by the city of Madison in 2012 is moving on after a judge rejected the city's argument that it was immune from litigation for allegedly violating a state law covering unfair business practices.



The city became the first municipality to be sued under the Wisconsin Fair Dealership Law after Dane County Circuit Judge Richard Niess on Tuesday denied the city's motion to dismiss the lawsuit, which claims the golf pros' contracts were terminated without good cause or adequate written notice.

The golf pros' attorney, Kevin Palmersheim, called Niess' decision a landmark ruling. Deputy City Attorney Patricia Lauten said Niess and the attorneys for both sides of the case are in "unchartered territory here. ... It's a new issue that has never come up before." The lawsuit was filed after the city council voted in October 2012 to fire Odana Hills Golf Course pro Tom Benson, Monona Golf Course pro Rob Muranyi, Yahara Hills Golf Course pro Mark Rechlicz and Glenway Golf Course pro Bill Sheer and replace them with one golf pro, some assistant golf pros and unionized concession workers.


Former parks director Kevin Briski supported, and pushed for, the change, which was endorsed by Mayor Paul Soglin.

The pros contend in the lawsuit that the city must abide by state law because their contracts with the city, sales of goods associated with the city and shared financial interests with the city in operation of the courses helped them and their respective business entities meet the law's definition of "dealers." The city contended in its motion to dismiss the lawsuit that the lack of case law combined with the absence of any specific references to municipalities in the fair dealership law's definition meant that it was never intended to apply to a city.

Niess ruled that the lack of case law "hardly means that the law was not intended to apply to a city. Indeed, it could just as easily mean that, until this case, nobody questioned its applicability to a city. Or it could mean that cities rarely involve themselves in transactions governed by the (fair dealership law) or, when they do, they honor their obligations such that no one has cause to sue." Niess said in his ruling that a city doesn't have to conduct business through dealership contracts. But if it does, "it must play by the same rules as everyone else involved in dealership contracts," he added.

The city also contended in its motion that the pros learned their contracts had been terminated prior to the October 2012 date that is listed in the lawsuit, saying that notification came during a meeting with Briski in August 2012. The city argued the deadline for filing a lawsuit had passed.

But Niess dismissed that argument by saying that Briski told the pros in August 2012 only that changes might occur, a fact the city does not dispute.

"It does not follow then that the pros should have, or could have, inferred a change was therefore certain to occur, or exactly what that change might be," Niess wrote.

Lauten said Niess made his decision based only on the facts in the complaint. She added the judge could render a different opinion when more facts are known.

"It's an interesting concept and it's going to merit watching to how it's argued," she said. "I would assume whatever the outcome, people will be quoting this one." But Palmersheim said the most difficult part of the case might be over because the same issues the judge ruled against in denying the city's motion are key parts of its case.

"The legal analysis won't change because a lot of the facts are undisputed," he said.

The golf pros are seeking $1.8 million in damages but may seek more, Palmersheim said.

___ (c)2014 The Wisconsin State Journal (Madison, Wis.) Visit The Wisconsin State Journal (Madison, Wis.) at www.wisconsinstatejournal.com Distributed by MCT Information Services

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