Acting Dane County Executive Kathleen Falk's suit faced a major setback Thursday, when Dane County Circuit Judge Maryann Sumi ruled Dane County could not sue the state, and that Falk and Dane County Board Chairman Scott McDonell could not sue in their official capacities. Sumi said she would rule later on whether Falk and McDonell could continue their lawsuit as private citizens. But on Friday, they filed a letter with the court withdrawing an earlier motion to add them to the case as private citizens. Friday's move effectively discontinues the case.
Continuing the case as private citizens would have meant Falk and McDonell would have had to pay future legal fees out of their own pockets, said their attorney, Charles Hoornstra. Until now, Dane County taxpayers have footed the bill.
Falk raised two major issues in the case - whether a legislative committee violated the open meetings law in approving the collective bargaining bill, and whether the Senate had enough senators present to approve the measure.
Hoornstra noted both those issues have been raised in two other lawsuits - one by Dane County District Attorney Ismael Ozanne and one by unions representing firefighters and public works employees.
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