This memorandum is being distributed in order to keep Village residents updated as to the most recent developments concerning the proposed change in traffic pattern on Green Tree Road.  At its November meeting, the Village Board adopted a resolution to proceed with a trial traffic pattern alteration on a portion of W. Green Tree Road that was proposed by Wayne Higgins, P.E., of Traffic Engineering Services, Inc., an engineer retained by some of the residents on Green Tree Road, with a proviso that signage and pavement markings be used rather than barricades to control traffic flow.  Mr. Higgins’ report is posted on the Village Website for reference as is the motion passed by the Board.  On November 25, 2009, the City of Glendale and the Nicolet Unified High School District commenced a lawsuit in Milwaukee County Circuit Court asking that the court declare the project unlawful and to permanently enjoin River Hills from proceeding with the proposed trial traffic pattern change.  The lawsuit was served on the Village on November 30, 2009.

The Village referred the lawsuit to our insurer for response.  On December 18, 2009, the attorney defending the lawsuit on behalf of the Village filed a Motion to Dismiss the lawsuit on the basis that it failed to state a claim upon which relief can be granted.  Apparently in response to the motion, the plaintiff’s filed an amended complaint adding allegations that the proposed trial traffic changes on Green Tree Road violates the Equal Protection Clauses of the U.S. and Wisconsin Constitutions and that the Village action would deprive the City of Glendale and the Nicolet Unified High School District of their rights as guaranteed by Section 1983 of Title 42 of the United States Code.  In response to the amended complaint, our attorneys have filed a Notice of Removal moving the case to federal court.  They have also renewed the Motion to Dismiss for Failure to State a Claim in federal court.  As of this time, no hearing has been scheduled on the motion.  Under the terms of our insurance policy, the Village’s exposure for the cost of defense of the lawsuit is limited to $2,000.  After that amount, the insurance company will pay 100% of the cost of the defense of the lawsuit.