MMAC, Stakeholders File Suit Over Ballot Measure in Port Washington
Jan. 29, 2026 (MILWAUKEE) – Today, the Metropolitan Milwaukee Association of Commerce (MMAC), along with a coalition of regional stakeholders, filed a lawsuit against the city of Port Washington seeking an injunction against an unlawful April ballot measure that would mandate electorate approval for any economic development project that uses Tax Incremental District financing (TID) over $10 million.
“Drastic measures like the one we’re embarking on with this lawsuit are not taken lightly,” said MMAC President and CEO Dale Kooyenga. “State statute already dictates the process in approving TIDs. A measure of this nature would not only conflict with state law, it would be devastating for economic development in Port Washington and would set a dangerous precedent with long-lasting economic impacts across the region and throughout the state.”
The Associated General Contractors of Greater Milwaukee, Building Advantage, Commercial Association of REALTORS Wisconsin, Wisconsin REALTORS Association, NAIOP Wisconsin and Sid’s Sealants LLC are joining the MMAC in this litigation.
The process for creating and approving a TID requires public notice, hearings and approval by a Joint Review Board, which includes a member of the public. State law does not authorize voter referendums for TID creation, nor does it permit municipalities to alter this statutory process independently.
The state of Wisconsin has seen firsthand the benefit of offering TIDs in attracting economic development. Housing, infrastructure-intensive, brownfield and mixed-use projects all rely on this tool to strengthen our communities. The proposed referendum could introduce delays, increase financial risk and discourage investment.
“Community and business development have never been more competitive, and regions across the country are working every day to position themselves for economic investment and the new housing and revitalization that go with it,” said Tom Larson, President and CEO of Wisconsin REALTORS Association. “Tools like TIDs give Wisconsin communities the stability they need to attract development and strengthen local real estate markets. Injecting political uncertainty through referenda would delay projects, discourage builders and employers and make Port Washington – and ultimately Wisconsin – far less competitive when investors decide where to commit their capital.”
That concern is shared across the real estate industry, where leaders emphasize the broader regional impact of stalled projects.
“Our region’s continued success depends on our ability to welcome investment, create jobs and support the development that keeps communities thriving,” said Tracy Johnson, President & CEO of the Commercial Association of REALTORS Wisconsin. “Introducing uncertainty into a process that already includes public oversight will only slow projects, increase risk and push opportunity to other communities. We need to keep Wisconsin competitive – and that means protecting the tools that help us build strong, vibrant places to live and work.”
If approved, this referendum would have real-world implications on established businesses and the labor they employ in the region, as well.
“Our business’s success is heavily reliant on new construction,” said Sid Arthur, owner of Sid’s Sealants of Port Washington and a plaintiff named in the lawsuit. “If large-scale construction projects become subject to the process being proposed, those opportunities will dry up. That means a loss of jobs, fewer investments and less growth in our community.”
The reverberations of this referendum would be profound, with a loss of jobs extending well beyond Port Washington’s city limits.
“We know TIDs are essential to keeping our members on the job and earning family-supporting wages,” said Mark Kessenich, CEO of the Associated General Contractors of Milwaukee. “Adding political hurdles will slow projects, drive investment away and threaten good union jobs. Our workers build the workplaces, housing and infrastructure Wisconsin relies on – this referendum puts that progress and those paychecks at risk.”
Other area union trade leaders agreed, adding that the future of this important work could be put in jeopardy for many through this measure.
“This referendum threatens the very development pipeline that provides apprenticeships and the careers our communities count on,” said Chris Mambu Rasch, Executive Director at Building Advantage. “We can’t afford to let short-term politics jeopardize decades of progress for skilled tradespeople.”
The Metropolitan Milwaukee Association of Commerce (MMAC) serves more than 2,000 businesses and hundreds of thousands of their employees throughout greater Milwaukee. It supports a globally competitive region to sustain high-value jobs, fostering a vibrant quality of life for all.
NOTE: This press release was submitted to Urban Milwaukee and was not written by an Urban Milwaukee writer. While it is believed to be reliable, Urban Milwaukee does not guarantee its accuracy or completeness.
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