The Commercial Association of REALTORS® Wisconsin (CARW) is participating as a plaintiff in litigation being advanced by the Milwaukee Metropolitan Association of Commerce (MMAC) related to a proposed local referendum requirement for Tax Increment Financing (TIF) projects exceeding $10 million in the City of Port Washington. Link to press release HERE.
The referendum effort stems from a petition submitted by residents within the City. The lawsuit was filed on January 29. On February 4, the Port Washington Common Council formally considered the litigation. The matter will now move to a judge, who will review the case and determine whether to issue a temporary restraining order (TRO) that would pause further action to place the referendum on the ballot while the legal questions are resolved.
Under current Wisconsin law, the creation and approval of Tax Increment Districts (TIDs) is governed by state statute through a defined, representative process that includes municipal action, public hearings, and approval by a Joint Review Board. State law does not authorize voter referendums as part of the TIF approval process, nor does it allow local governments to alter that statutory framework.
The Port Washington petition would replace this established process by requiring voter approval for future TIDs over $10 million—adding a requirement not contemplated under state law and introducing uncertainty, delay, and legal risk into economic development decisions.
CARW is joining this lawsuit because of the broader implications this approach could have if replicated elsewhere in Wisconsin. Housing development, infrastructure-intensive infill, brownfield redevelopment, and mixed-use projects that rely on TIF would be disproportionately impacted, resulting in fewer projects moving forward statewide. Importantly, the proposed referendum would not affect any current projects underway, including any data center development.
The referendum is currently slated for the April 2026 ballot. CARW’s objective is to prevent the question from appearing on the ballot, protect the integrity of Wisconsin’s TIF framework, and preserve a predictable, accountable development process that supports investment, housing production, and long-term economic growth.
CARW will continue to keep members informed as this matter progresses and remains committed to advocating for policies that support responsible development and economic vitality across Wisconsin.