ORIGINAL STATE OF WISCONSIN CIRCUIT COURT WOOD COUNTY CIRCLE K, A FAMILY LIMITED PARTNERSHIP, CASE NO: l9 AIRWAY ENTERPRISES, INC, Plaintiffs, v. CITY OF MARSHFIELD, TOWN OF CAMERON, MARSHFIELD ELECTRIC AND WATER DEPARTMENT, Defendants. STIPULATION AND ORDER It is hereby stipulated and. agreed by and between Plaintiffs, by their undersigned counsel, and Defendants, by their undersigned counsel, as follows: 1. The Plaintiffs? Complaint seeks damages and equitable relief against the Defendants based on essentially two liability theories: (1) a First Amendment challenge to City of Marsh?eld Ordinance Sec. 9-3203) and the City of Marshfield zoning scheme; and (2) causes of action along with Plaintiffs? request for certiorari review related to the 1997 Cooperative Plan, 1999 Boundary Agreement and 2000 Boundary Agreement and actions taken under those Plans and Agreements by the City of Marshfield in attaching Plaintiffs? property to the City (hereafter, ?Plans and actions?). 2. The Defendants have raised a number of affirmative defenses including whether the causes of action fail to state a claim as a matter of law, whether the court may proceed on the non?certiorari claims, whether the lawsuit may be barred by applicable statutes of limitations and whether the causes of action in whole or in part may be dismissed for other reasons. 3. The Court has previously entered a Temporary Restraining Order signed on October 9, 2015 and entered on October 12, 2015 granting Plaintiffs? Motion for a TRO and ordering that the City of Marsh?eld shall be and is hereby enjoined from taking any action against the Plaintiffs to enforce the City?s Ordinance 9-32(8) (hereafter, 4. Since the issuance of the TRO, both parties through their counsel have undertaken good faith discussions in evaluation of their respective positions and believe the following stipulations will aid them in either bringing this case to a final resolution or narrowing the damages issues should the case proceed. 5. The City of Marshfield will be taking steps in the next 45 days to repeal the challenged Ordinance Sec. 9-32. 6. The parties intend through this Stipulation to effect the dismissal of the Town of Cameron and the Marshfield Electric and Water Department from this action. 7. Additionally, the parties intend through this Stipulation to effect the dismissal of the non-First Amendment causes set forth above, leaving only for future litigation should the case proceed, damages issues associated with the First Amendment challenges. 8. In order for the parties to continue their good faith evaluation of the claims and defenses, they request a stay of the deadlines for briefing of the liability issues, which are currently December 18, 2015 for Plaintiffs? brief, January 29, 2016 for Defendants? brief and February 12, 2016 for Plaintiffs? reply brief. 9. The parties request a stay for 90 days at which time Plaintiffs? counsel will inform the court of the status of this matter and request the Court adept a new brie?ng schedule, if necessary, which the parties will provide to the Court for the Court?s consideration and approval. 10. The parties believe these proposals will not unduly interfere or delay this mater and will fairly and equitably assist the parties and the Court in either resolving this controversy or narrowing the issues for geview. 2 E. Dated Day of January, 2016. ARENZ, MOLTER, MACY, RIFFLE 8.: LARSON, S.C. Attorneys for Defendants. BYzf?"? 5) D. BITAR State Bar No: 1038340 MATTEO REGINATO State Bar 1089724 720 N. East Avenue Waukesha, WI 53186 Telephone: (262) 548 - 1340 Fax: (262) 548-921 1 Email: Dated thisZ??Day of January, 2016. PIETZ, VANDERWAAL, STACKER ROTTIER, S.C. Attorneys for Plaintiffs. gag/w J. VANDERWAAL State'Bar No: 1020149 530 Jackson Street PO. Box 1343 wausau, WI 544024343 P: 715-845-921 1 F: 715-842?915 17 E: ORDER 0n reading and ?ling the foregoing stipulation, the following order may be entered: IT IS HEREBY ORDERED THAT 1. The TRO signed on October 9, 2015 and entered on October 12. 2015 remains in effect until the ?nal disposition of this lawsuit. 2. The parties? briefs on the liability issues, which are currently December 18, 2015 for Plaintiffs? brief, January 29, 2016 for Defendants? brief and February 12, 2016 for Plaintiffs? reply brief, are removed as no longer required by the terms of the above Stipulation. 3. The Town of Cameron and the Marsh?eld Electric and Water Department are hereby dismissed from this action. 4. The Court further dismisses those causes of action along with Plaintiffs' request for certiorari review related to the 1997 Cooperative Plan, 1999 Boundary Agreement and 2000 Boundary Agreement and actions taken under those Plans and Agreements by the City of Marsh?eid in attaching Plaintiffs? property to the City. 5. Plaintiffs? counsel will inform the Court in 90 days of the status of the parties? efforts and the need for further briefing on liability issues or other scheduling. Dated this?day of January, 2016? Thevl-Ionorable Nicholas J. Brazeau, Jr. Circuit Court Judge, Branch 1]