UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF WISCONSIN

JAMES MARCH

Plaintiff and Counter-Defendant,

vs.

Case No. 23-CV-0656

TOWN OF GRAND CHUTE,

JASON VAN EPEREN, and JEFFREY INGS

Defendants,

and

RONALD WOLFF

Defendant and Counter-Plaintiff.

ANSWER OF RONALD WOLFF TO FIRST AMENDED COMPLAINT

Now comes Defendant and Counter-Plaintiff Ronald Wolff, above captioned, by

and through his attorneys Eminent Domain Services, LLC, by Attorney Erik Olsen, and
for his First Amended Answer states and alleges as follows in response to each of the
numbered paragraphs in the Plaintiff’s Complaint (ECF No. 1):

Answer to First Amended Complaint:

1. Admit.

2. Admit.

3. Ron Wolff has no knowledge of Plaintiff’s address.

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4. Admit.

5. Answering Paragraph 5, Defendants admit that Defendant Wolff is an elected

member of the Board of Supervisors for the Town of Grand Chute and resides in
Grand Chute. Defendants further admit that Plaintiff is suing Defendant Wolff in
his individual capacity based on an act—Defendant Wolff’s vote to terminate
Plaintiff March from the position of Town Administrator—that was done while
Defendant Wolff was carrying out duties as an elected officer of the Town.
Defendants otherwise deny the allegations in Paragraph 5 and deny that Defendant
ever violated Plaintiff’s rights under the First and Fourteenth Amendments to the
United States Constitution or 42 U.S.C. § 1983.

6. Answering Paragraph 6, Defendants admit that Defendant Van Eperen is the

elected Chairperson of the Board of Supervisors for the Town of Grand Chute and
resides in Grand Chute. Defendants further admit that Plaintiff is suing Defendant
Van Eperen in his individual capacity based on an act—Defendant Van Eperen’s
vote to terminate Plaintiff March from the position of Town Administrator—that
was done while Defendant Van Eperen was carrying out duties as an elected
officer of the Town. Defendants otherwise deny the allegations in Paragraph 6 and
deny that Defendant ever violated Plaintiff’s rights under the First and Fourteenth
Amendments to the United States Constitution or 42 U.S.C. § 1983.

7. Answering Paragraph 7, Defendants admit that Defendant Ings is an elected

member of the Board of Supervisors for the Town of Grand Chute and resides in
Grand Chute. Defendants further admit that Plaintiff is suing Defendant Ings in his
individual capacity based on an act—Defendant Ings’ vote to terminate Plaintiff
March from the position of Town Administrator—that was done while Defendant
Ings was carrying out duties as an elected officer of the Town. Defendants
otherwise deny the allegations in Paragraph 7 and deny that Defendant Ings’ ever
violated Plaintiff’s rights under the First and Fourteenth Amendments to the
United States Constitution or 42 U.S.C. § 1983.

8. Admit that James March was employed as the Grand Chute Town Administrator
from October of 2008 through June 2nd of 2023, deny the remainder of the
paragraph.

9. Object that this paragraph calls for a legal conclusion, affirmatively allege
Paragraphs 1 through 153 of the Counterclaim of Ronald G. Wolff, Jr.

10. Deny. Affirmatively allege Paragraphs 1 through 153 of the Counterclaim of

Ronald G. Wolff, Jr.

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11. Admit that an unconstitutional search and seizure of certain properties
belonging to Ronald G. Wolff, Jr. and his wife occurred on March 22nd of 2022.
Affirmatively allege Paragraphs 1 through 153 of the Counterclaim of Ronald G.
Wolff, Jr. and Deny that the remainder of the paragraph accurately describes the
cause, scope, or purpose of the March 22nd, 2022 search and seizure.

12. Deny, affirmatively allege that this occurred prior to the search on March 22nd
of 2022 when Brad Gehring had gone to the District Attorney in relation to his
theories about Ron Wolff’s residency.

13. Deny.

14. Deny.

15. Deny, and object that this paragraph calls for a legal conclusion. Administrator
March’s employment contract is attached to the Counterclaim as Exhibit A, and it
speaks for itself.

16. Deny.

17. Deny.

18. Deny.

19. Deny.

20. Deny. Affirmatively allege Paragraphs 1 through 153 of the Counterclaim of

Ronald G. Wolff, Jr.

21. Deny.

22. Answering Paragraph 22, Defendants admit that counsel for the Town at one
point expressed a legal theory to counsel for Plaintiff March that a town board
lacks authority to enter into a contract with a town administrator that requires a
two-thirds majority vote to terminate the town administrator. Wolff otherwise
denies the allegations in Paragraph 22, and objects that this paragraph calls for a
legal conclusion.

23. Deny, and object that this paragraph calls for a legal conclusion.

24. Deny, and Deny that James March eliminated Grand Chute’s special
assessment ordinance.

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25. Deny. Affirmatively allege Paragraphs 1 through 153 of the Counterclaim of
Ronald Wolff.

26. Deny.

27. Admit that the town Board met in closed session and then met in open session
where four Town of Grand Chute board members voted to terminate James
March’s employment on May 2nd, of 2023. Deny that any board member was
pressured, and Deny the remainder of the paragraph including that “no legitimate
business reason pertained to the performance of his duties.” Object to the extent
that this paragraph calls for a legal conclusion.

28. Deny that there were any defects in any notices, object to the extent that this
paragraph calls for a legal conclusion.

29. Deny, and object to the extent that this paragraph calls for a legal conclusion.
Affirmatively allege Paragraphs 1 through 153 of the Counterclaim of Ronald
Wolff.

30. Deny. Affirmatively allege that the Defendants could have terminated James
March for cause as set forth in the Counterclaim of Ronald Wolff which is
incorporated herein by reference as though fully set forth herein. Affirmatively
allege that the Defendants would have been well within their rights to terminate
James March for cause as the very least as early as the Deposition of James March
on November 20th of 2023, and that since James March was paid through
December 2nd of 2023, James March owes at least twelve days of salary to the
Town of Grand Chute.

31. Deny, and object to the extent that this paragraph calls for a legal conclusion.
Affirmatively allege Paragraphs 1 through 153 of the Counterclaim of Ronald G.
Wolff. Affirmatively allege that James March’s communications and cooperation
with the Department of Justice were not protected First Amendment activity, as set
forth in the Counterclaim of Ronald Wolff which is incorporated herein by
reference as though fully set forth herein.

32. Deny, and object to the extent that this paragraph calls for a legal conclusion.

33. Deny, and object to the extent that this paragraph calls for a legal conclusion.
Affirmatively allege Paragraphs 1 through 153 of the Counterclaim of Ronald
Wolff.

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 AFFIRMATIVE DEFENSES

1. The Complaint fails to state a claim upon which relief can be granted.

2. The Plaintiff’s claims are barred in whole or in part by qualified immunity.

3. The Plaintiff cannot prove a constitutional violation by the Town or Defendants Wolff,
Van Eperen, or Ings.

4. The Plaintiff cannot prove that the Town or Defendants Wolff, Van Eperen, or Ings
acted with deliberate indifference to Plaintiff’s constitutional rights.

5. The Plaintiff cannot prove that, but for any protected speech the Plaintiff might have
made, the Town and Defendants Wolff, Van Eperen, or Ings would not have terminated
him from his position as Town Administrator.

6. The Plaintiff cannot prove that he has suffered damages as a result of the Defendants’
termination of him from his position as Town Administrator.

7. The Plaintiff has failed to mitigate any damages he may have suffered as a result of the
Defendants’ termination of him from his position as Town Administrator.

8. As set forth in the Counterclaim of Ronald Wolff, the activity which James March has
alleged is protected by the First Amendment is not actually protected by the First
Amendment because it was part of a dishonest scheme to deprive Ron Wolff of his
constitutional rights.

9. As set forth in the Counterclaim of Ronald Wolff, the activity which James March has
alleged is protected by the First Amendment was all performed under color of law as part
of James March’s employment as the Administrator of the Town of Grand Chute.

10. It was justified to fire James March on the basis of his political allegiances and
positions under Branti v. Finkel, 445 U.S. 507 (1980). (See Pawlisch v. Barry, 126 Wis.
2d 162, 376 N.W.2d 368).

WHEREFORE, Plaintiff requests that this Court grant the following relief:

(a) Dismissal of the Plaintiff's Complaint on the merits with prejudice, and for
such other relief as the court deems just and proper, including the award of
reasonable attorney fees and expenses.

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(b) Award Plaintiffs their costs, interest and reasonable attorneys’ fees for this
action pursuant to 42 U.S.C. §1988 and other relevant statutes;

(c) Order such other and further injunctive relief as the Court deems just and
proper under the circumstances.

Dated this 1st day of December, 2023.

/s/ Erik S. Olsen

Erik S. Olsen
SBN 1056276
[email protected]

Eminent Domain Services, LLC

6515 Grand Teton Plaza, Ste 241
Madison, WI 53719
(608) 535-6109

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 UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

JAMES MARCH,

Plaintiff and Counter-Defendant,

vs.

Case No. 23-CV-0656

TOWN OF GRAND CHUTE,

JASON VAN EPEREN, and JEFFREY INGS

Defendants,

and

RONALD WOLFF

Defendant and Counter-Plaintiff.

COUNTERCLAIM OF RONALD WOLFF AGAINST JAMES MARCH

Now comes Defendant and Counter-Plaintiff Ronald Wolff, above captioned, by

and through his attorneys Eminent Domain Services, LLC, by Attorney Erik Olsen, and
for his Counterclaim states and alleges as follows:

Parties

1. Plaintiff Ron Wolff is an adult resident of the State of Wisconsin, and is an elected
official of the Town of Grand Chute, having been elected Town Supervisor #1 in the
April 2021 election, and re-elected in April 2023.

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2. For many years Ron Wolff was the owner and operator of a landscaping company
called Lake Shore Cleaners, Inc. (“Lake Shore”) which was located in Grand Chute,
Wisconsin.

3. James March is an adult resident of the State of Wisconsin. He is sued in his personal
and official capacities.

4. From October 21st of 2008 to June 2nd of 2023, James March was the Town of Grand
Chute Town Administrator which was the highest ranking supervisory position in the
Town of Grand Chute with final policy-making authority and with confidential duties
including attending closed session meetings and advising the Town Board on policy and
on legal compliance.

5. James March was a Grand Chute official with final policy-making authority. James
March’s employment contract is attached hereto as Exhibit A and is incorporated by
reference as though fully set forth herein.

6. James March’s job duties as Town Administrator included “Maintain knowledge of

County, State, and Federal legislation affecting the Town” and “Attends and participates
in Town Board and other constituted Town Commission, Board, and Committee
meetings. Prepares and submits reports regarding Town government and utility activities.
Provides recommendations to the Board and other duly constituted Commissions, Boards,
and Committees.” Ex. A, Employment Contract 9.

7. James March’s job duties as Town Administrator included “Manages public works
projects” and “Oversees sewer and water utility functions.” Ex. A, Employment Contract
9.

8. James March’s job duties as Town Administrator included “Acts as Town liaison to
other agencies and units of government.” Ex. A, Employment Contract 9.

Background

9. For many years prior to 2021, the Town of Grand Chute had a policy of levying
extremely expensive and unconstitutional special assessments against abutting property
owners for street reconstruction projects.

10. In some cases the special assessments were in excess of 130% of the assessed value
of the homes and businesses against which they were assessed.

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11. The residents of Grand Chute became increasingly dissatisfied with the
unconstitutional special assessment policy and in 2019 and 2020, a number of residents
grouped together and sued the Town of Grand Chute over the special assessment policy.

12. There were three separate lawsuits to contest special assessments related to projects
on Spencer Street (Outagamie County Case Number 19-CV-779), McCarthy Street
(Outagamie County Case Number 19-CV-872), and Elsner Road (Outagamie County
Case Number 19-CV-411).

13. All of the special assessments challenged in the lawsuits were on properties located in
the Town of Grand Chute.

14. Eminent Domain Services, LLC represented the landowners in all three of these
special assessment challenges referenced above.

15. The residents of Grand Chute also took political action to abolish the special
assessments.

16. Candidates who were committed to changing Grand Chute’s unconstitutional special
assessment policy ran for Town Board in the April 2021 election.

17. Several of the candidates who ran on a platform to eliminate special assessments were
elected in April of 2021, one of which was Counter-Plaintiff Ron Wolff.

18. After the April 2021 election, the Town Board was sharply divided between the
newly elected Town Board members who opposed Grand Chute’s special assessment
policy, and one of the remaining old Town Board members named Brad Gehring.

19. Brad Gehring was the former Sheriff of Outagamie County and he supported keeping
Grand Chute’s unconstitutional special assessment policy in place.

20. Brad Gehring was politically allied with former Town of Grand Chute board
members, particularly the previous Town Board Chair named Dave Schowalter.

James March’s Political Alliances

21. James March was politically allied with Brad Gehring.

22. During the time that James March was Town Administrator and Brad Gehring was on
the Town Board, James March and Brad Gehring frequently exchanged text messages.

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23. The text messages sent by James March reveal his personal political allegiance to
Brad Gehring and Dave Schowalter and against Ron Wolff, Jason Van Eperen, and Jeff
Ings.

24. For example when Brad Gehring won reelection on April 5th of 2022, James March
texted Brad Gehring the next morning at 7:33 a.m. stating “Congrats on your decisive
victory! I was able to sleep last night.”

25. As another example, on Wednesday March 29th of 2022, James March texted Brad
Gehring at 4:17 p.m. alerting Brad Gehring that he should read a memo written by Jason
Van Eperen or Jeff Ings and suggesting that Brad Gehring should “alert the media”
because it “might be a good story right before the election.”

26. In another text message exchange from May of 2023, Brad Gehring texted James
March asking “Anything new?” to which James March texted back “Lawsuit filed” to
which Brad Gehring texted back with a “thumbs up” emoji.

27. It would normally be unusual for a sitting Town Board supervisor (Brad Gehring) to
text a “thumbs up” emoji to a recently fired Town Administrator upon learning that the
recently fired Town Administrator had sued the Town and three of the five Town Board
supervisors.

28. On June 5th of 2023, James March texted Brad Gehring with the message “PC story
is out” to which Brad Gehring texted back “Ya. Schowalter says he had to tell Whby and
Wbay about it.”

29. The June 5th text message exchange suggests that Brad Gehring was working with
former Town Chair Dave Schowalter to ensure that the story about James March’s lawsuit
against the Town of Grand Chute would get as much media coverage as possible.

30. On March 22nd of 2022, (the day of the unconstitutional search and seizures at
Wolff’s properties) March texted Gehring informing that “Jason Z” (apparently Jason
Zimmerman of WBAY) was at the Town Hall and had “supposedly got confirmation
from a county sheriff” presumably the confirmation was about the raid on the Wolff
properties. The text messages between Brad Gehring and James March that were
obtained in discovery on November 3rd of 2023 are attached hereto and incorporated
herein by reference as Exhibit B.

31. James March was opposed to changing Grand Chute’s special assessment policy
because James March was politically in favor of using special assessments against
landowners to pay for public improvement projects in Grand Chute that the Town could
not afford with its normal budget.

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32. James March never stated that in his opinion Grand Chute’s policy of levying special
assessments against property owners was ever unconstitutional.

33. James March believed throughout his time serving as the Administrator of Grand
Chute that the special assessments that Grand Chute levied against the landowner
plaintiffs in the Spencer Street case (Outagamie County Case Number 19-CV-779) were
constitutional.

34. James March believed throughout his time serving as the Administrator of Grand
Chute that the special assessments that Grand Chute levied against the landowner
plaintiffs in the McCarthy Street case (Outagamie County Case Number 19-CV-872)
were constitutional.

35. James March believed throughout his time serving as the Administrator of Grand
Chute that the special assessments that Grand Chute levied against the landowner
plaintiffs in the Elsner Road case (Outagamie County Case Number 19-CV-411) were
constitutional.

36. Because of James March’s political allegiance to Brad Gehring and James March’s
personal political preference for using special assessments to pay for public improvement
projects, James March undertook a course of conduct to attempt to entrap Ron Wolff into
being investigated and charged with a violation of Wis. Stat. § 946.13(1)(a) to prevent
Ron Wolff from exercising his political rights in his duly elected role as Town Supervisor.

37. March’s plan was to attempt to entrap Ron Wolff into being investigated and charged
with a violation of Wis. Stat. § 946.13(1)(a) so that Ron Wolff would have to leave the
Town Board, or to prevent Ron Wolff from winning reelection to the Town Board in
April of 2023, or to cause sufficient chaos that Ron Wolff would abandon his political
platform of abolishing Grand Chute’s unconstitutional use of special assessments, or to
cause political problems for the other Town Board supervisors who were against special
assessments.

The Champion Pond Issue

38. On April 6th of 2021, Ron Wolff was elected Town Supervisor #1 of Grand Chute
Wisconsin.

39. On April 13th of 2021 Ron Wolff was sworn into office as Supervisor #1 of Grand
Chute.

40. As of April 13th, 2021, James March was the Town Administrator of Grand Chute.

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41. March’s duties as administrator included maintaining awareness of laws, rules, and
regulations affecting the Town and advising the Town Board of compliance issues.

42. In particular, one of March’s key roles was guiding newly elected officials to ensure
that they would not inadvertently violate any laws, rules, or regulations.

43. March prepared a three ring binder that contained information on legal issues and
compliance for Town Board Supervisors (“Three Ring Binder”).

44. The Three Ring Binder contained information about Wis. Stat. § 946.13(1)(a), and
March was very familiar with the information in the Three Ring Binder.

45. The Three Ring Binder is quoted in the criminal complaint against Ron Wolff,
however March did not provide the Three Ring Binder to Wolff until well after Wolff’s
swearing in on April 13th of 2021. The criminal complaint against Ron Wolff is
incorporated herein by reference.

46. Grand Chute’s engineering work is done exclusively (or nearly exclusively) by
McMahon Engineering (“McMahon”).

47. Lake Shore frequently performed landscaping work as a sub contractor for McMahon.
Exhibit C

48. Prior to 2021, Lake Shore frequently performed landscaping work for the Town of
Grand Chute. Exhibit D

49. During 2021, Lake Shore performed at least twelve landscaping jobs as a
subcontractor for McMahon for various municipalities. Exhibit C

50. On May 5th, 2021 at 4:51 p.m., Stuart Boerst, the Senior Ecologist from McMahon
Engineering, emailed Ron Wolff requesting a quote from Lake Shore Cleaners by May
13th for “site preparation and preparing seeding at the Champion Pond in Grand Chute.”
Exhibit E

51. The May 5th email from Boerst included a sixteen page packet titled “Request for
Quotations” which specified the work and the vegetation to be planted at the pond.

52. Lake Shore Cleaners prepared the quote for the pond work and vegetation planting
which came in at $26,865.09.

53. On or around May 11th, Karri Wolff faxed the quote from Lake Shore Cleaners to
McMahon Engineering. Exhibit F

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54. On May 26th, 2021 at 11:47 a.m., Grand Chute’s town attorney, Attorney Charles D.
Koehler, emailed Karen M. Heyrman, P.E. Deputy Director of Public Works for the Town
of Grand Chute stating as follows:

Hi Karen,

To document our phone call this morning note the following.

I wouldn’t consider planting seeds for prairie grass the type of “statutory
public improvement” requiring public bidding.

Also, in any event, the Town’s requests for Proposal yielded only one
response and this work needs to get done, together with the fact that the
only price quote the town obtained is reasonably close to the estimate.

You are also fully satisfied that the company making the quote is qualified
for the work, so in all respects, it seems to me the interest of the tax payers
have adequately been considered under the circumstances.

Exhibit G.

55. Heyrman responded to Attorney Koehler emailing “Thanks Chuck” the next day on
May 27th at 7:59 a.m. Exhibit G.

56. On May 27th of 2021, Boerst wrote to Lake Shore stating, “The revised quote
(attached) has been approved by the Town of Grand Chute. Please proceed with
herbiciding the prairie area, which is outlined with pink pin flags in the field.” The email
was signed by Stuart Boerst. Exhibit F.

57. James March told Ron Wolff that Lake Shore’s work on the Champion Center pond
would fit into an exception or “loophole” for erosion control so that Lake Shore Cleaner’s
work on the Champion Center Pond would not cause Wolff to have any problems in
respect to Wis. Stat. § 946.13(1)(a), however this statement by James March to Ron
Wolff was legally incorrect.

58. The reason that Administrator James March incorrectly told Ron Wolff that the
Champion Center Pond work fit into an exception for erosion control was not due to
incompetence or oversight.

59. The reason that Administrator James March incorrectly told Ron Wolff that the
Champion Center Pond work fit into an exception or “loophole” for erosion control was

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that Administrator James March wanted to “set up” Ron Wolff for criminal investigation
and prosecution to prevent Ron Wolff from exercising his political rights in elected
office.

60. “Setting up Ron Wolff” was James March’s motivation for incorrectly telling Ron
Wolff that a loophole for erosion control existed in Wis. Stat. § 946.13(1)(a) that would
allow Lake Shore Cleaners to legally do the seeding work on the Champion Center Pond,
and this was part of James March’s scheme to attempt to entrap Ron Wolff.

61. On June 1st of 2021, there was a meeting of the Grand Chute Joint Sanitary District.
Exhibit H.

62. The minutes of the June 1st, 2021 Joint Sanitary District meeting reflect that
immediately prior to the vote on the Lake Shore quote for the Champion Center Pond,
James March spoke on the topic of storm water management north and west of the
Whispering Groves First Addition. Exhibit H.

63. The minutes of the June 1st, 2021 Joint Sanitary District meeting reflect that
Administrator James March “suggested that the Board look at a larger pond system along
with the developer, and possibly consider a 100-year pond to help retain more storm
water.” Exhibit H.

64. Immediately thereafter, the June 1st, 2021 Joint Sanitary District meeting minutes
reflect that the Board took up the topic of “Approve quote submitted by Lakeshore
Cleaners Inc. to plant prairie seed at the Champion Center pond for $26,865.09.” Exhibit
H.

65. The minutes reflect that Supervisor Gehring questioned if the job had been bid out,
and Director Schwartz confirmed that the Lake Shore proposal was the only one received
back, and since it was a maintenance item no formal proposals were needed. Exhibit H.

66. The minutes reflect that on June 1st, 2021 Ron Wolff abstained from the vote to
“Approve quote submitted by Lakeshore Cleaners Inc. to plant prairie seed at the
Champion Center pond for $26,865.09” but that the quote was still approved. Exhibit H.

67. The minutes reflect that on June 1st, 2021 at the Joint Sanitary District meeting
Administrator James March did not say anything, and remained silent, prior to the board
voting on the Champion Center Pond quote. Exhibit H.

68. By saying nothing about the potential legal issues with the Champion Center Pond
quote on June 1st, 2021 at the Joint Sanitary District meeting, Administrator James
March failed in his contractual duty to warn Wolff and the Board that abstaining from the
vote was insufficient to comply with Wis. Stat. § 946.13(1)(a).

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69. On June 1st, 2021 at the Joint Sanitary District meeting, Administrator James March
knew that Ron Wolff abstaining from the vote was insufficient to comply with Wis. Stat.
§ 946.13(1)(a).

70. Administrator James March knew that Ron Wolff abstaining from the vote was
insufficient to comply with Wis. Stat. § 946.13(1)(a) because James March had put
together the Three Ring Binders for newly elected Town Board Supervisors himself.

71. Administrator James March failed to warn Wolff and the Board on June 1st 2021 that
abstaining from voting was not a listed exception to comply with Wis. Stat. §
946.13(1)(a).

72. Administrator James March’s failure to warn Wolff and the Board on June 1st 2021
that abstaining from voting was not a listed exception to comply with Wis. Stat. §
946.13(1)(a) was not due to incompetence or oversight.

73. Administrator James March’s failure to warn Wolff and the Board on June 1st 2021
that abstaining from voting was not a listed exception to comply with Wis. Stat. §
946.13(1)(a) was because Administrator James March wanted to “set up” Ron Wolff for
criminal investigation and prosecution to prevent Ron Wolff from exercising his political
rights in elected office, and to prevent Ron Wolff from abolishing Grand Chute’s
unconstitutional policy of special assessments.

74. “Setting up Ron Wolff” was James March’s motivation for not warning Ron Wolff
and the Board at the June 1st, 2021 Joint Sanitary Meeting that abstaining from voting
was not a listed exception under Wis. Stat. § 946.13(1)(a), and this was part of James
March’s scheme to entrap Ron Wolff into being investigated and charged with a crime.

75. On October 4th of 2021 at the Grand Chute Town Hall, Administrator James March
had a meeting with Special Agent Jay K. Yerges of the DCI.

76. At the October 4th of 2021 meeting, Administrator James March told Agent Yerges
that James March believed that Ron Wolff had violated Wis. Stat. § 946.13(1)(a) when
Lake Shore Cleaner’s quote for the Champion Center Pond was approved because the
quoted price for the work was in excess of $15,000.

77. Special Agent Yerges’s Investigation Case Report for the October 4th, 2021 meeting
between Administrator March and Special Agent Jay K. Yerges reads as follows:

March described being concerned about township contracts offered to

Supervisor Wolff and invoice billings the township has received from

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 Supervisor Wolff's Lakeshore Cleaners business. March explained he was
informed by Supervisor Wolff that Supervisor Wolff intended on bidding on
all township projects that pertain to Supervisor Wolff's business entities
which March stated Supervisor Wolff could not do. March described in
April or May, 2021, Supervisor Wolff billed a wetland project which was in
excess of $15,000.00 (the permissible threshold outlined in Wisconsin State
Statute 946.13[1][a]) for landscape work and/or materials provided at the
Champion Center. March described Supervisor Wolff claimed Wolff had
divested himself from his business (Lakeshore Cleaners) at the time he
performed or offered retention pond plantings but it was later revealed to
March that Supervisor Wolff was actually still in an ownership role in the
company. March explained after Supervisor Wolff claimed Wolff had sold
the Lakeshore Cleaners business, approximately one (1) week later,
Supervisor Wolff answered one of March's return telephone calls to
Supervisor Wolff at Lakeshore Cleaners. March stated there may have been
some question regarding whether there was a statutory exemption related to
the erosion control (plantings) that permitted Supervisor Wolff to bid the
questioned contract.

78. Contrary to Administrator March’s assertion that Wolff “intended on bidding on all
township projects that pertain to Supervisor Wolff's business entities” neither Wolff nor
Lake Shore ever bid on any Town of Grand Chute projects after May of 2021, and in fact
the Lake Shore quote was not a bid either rather it was a quote.

79. Administrator March also made a number of false statements to Special Agent Yerges
during their October 4th, 2021 meeting.

80. For example, James March stated to Special Agent Yerges the following false
information:

Supervisor Wolff recently lost a longstanding business contract with the

City of Appleton whereby he removed excess snow from the downtown
city center after snow falls and hauled the excess snow away. According to
March, the City of Appleton ended the contracted services with Wolff after
it was discovered the city could remove its' own excess snow for less
money than what Wolff billed the city for.

This information was false because it was Wolff who ended the contract with Appleton.

81. Administrator March failed to disclose potentially exculpatory information to Special

Agent Yerges during their October 4th, 2021 meeting.

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82. For example, James March did not disclose that on May 27th of 2021, Lake Shore
received an email from Stuart Boerst indicating that the work had already been approved
by the Town of Grand Chute and that Lake Shore should start work, or that the Town of
Grand Chute attorney, Chuck Koehler, had evaluated the idea of allowing Lake Shore to
perform the Champion Center Pond work and had given the idea his blessing in a May
26th, 2021 email to Karen M. Heyrman, P.E. Deputy Director of Public Works for the
Town of Grand Chute, or that there was never any actual contract at all for Lake Shore to
do any of the work on the Champion Center Pond other than the May 27th of 2021 email
from Stuart Boerst which was prior to the June 1st vote.

83. Furthermore, as of October 4th, 2021 when Administrator March reported Ron
Wolff’s alleged violation of Wis. Stat. § 946.13(1)(a) to Special Agent Yerges, Lake
Shore had only actually performed $1,620 of work on the Champion Center Pond.

84. Accordingly, at the time Administrator March was reporting Ron Wolff’s alleged
violation to Special Agent Yerges, Administrator March could easily have taken action to
stop Lake Shore from performing more work on the Champion Center Pond and thereby
could have prevented the alleged violation of Wis. Stat. § 946.13(1)(a).

85. Administrator March failed to alert anybody other than Special Agent Yerges to Lake
Shore’s alleged violation of Wis. Stat. § 946.13(1)(a) prior to November 1st of 2021.

86. Administrator March failed to take any action to stop Lake Shore from performing
any of the quoted work on the Champion Center Pond prior to November 1st of 2021.

87. Accordingly, Lake Shore performed $810 of additional herbiciding work on October
19th of 2021, and then on November 1st of 2021 Lake Shore performed the seeding work
for a total invoiced amount of $24,778.09. Exhibit J.

88. Administrator March, although he was aware of the potential issue caused by the
Champion Pond work by Lake Shore, did nothing to stop Lake Shore from performing
any of the work on the Champion Center Pond and did nothing at all during the months
of June, July, August, September, October, November, or December of 2021 to alert Ron
Wolff or the Town Board to the potential legal issue.

89. James March’s motivation for failing to warn Ron Wolff or the Town Board was that
James March wanted to “set up” Ron Wolff for criminal prosecution to prevent Ron
Wolff from exercising his political rights in elected office.

90. “Setting up Ron Wolff” was James March’s motivation for not stopping any of Lake
Shore’s work on the Champion Pond, and for not alerting anybody other than Special
Agent Yerges, because Administrator March’s intent was to attempt to cause Ron Wolff

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to violate Wis. Stat. § 946.13(1)(a) in order to prevent or impede Ron Wolff from
exercising his constitutionally guaranteed political rights.

91. On or around December 7th, of 2021, the Town of Grand Chute paid $25,588.09 to
Lake Shore for the preparation and seeding work for the Champion Center Pond. Exhibit
J.

92. Administrator March failed to take any action between November 1st of 2021 and the
date of the payment of $25,588.09 to Lake Shore to stop the Town of Grand Chute from
paying Lake Shore for performing the quoted work on the Champion Center Pond.

93. The Wisconsin Statutes clearly state that contracts entered into in violation of Wis.
Stat. § 946.13(1)(a) are void. Wis. Stat. § 946.13(3) (“A contract entered into in violation
of this section is void and the state or the political subdivision in whose behalf the
contract was made incurs no liability thereon.”)

94. If Administrator March believed that the Lake Shore Champion Center Pond work
violated Wis. Stat. § 946.13(1)(a), then Administrator March should never have allowed
the Town of Grand Chute to pay the bill to Lake Shore for $25,588.08 because paying
Town funds for a void contract would constitute a dissipation or loss of Town of Grand
Chute Funds. Administrator March allowed, and did nothing to prevent, the Town of
Grand Chute from paying Lake Shore because it furthered March’s goal of provoking the
investigation and charging of Ron Wolff under Wis. Stat. § 946.13(1)(a).

95. Up until the Town of Grand Chute paid Lake Shore the bill for $25,588.09 in
December of 2021, there were also other possibilities for fixing the issue of the Lake
Shore / Champion Pond issue that Administrator March should have explored and
undertaken.

96. The statute “Private Interest in Public Contract” that Ron Wolff was charged under
(Wis. Stat. § 946.13(2)(a)) prohibits when a public officer, acting in their private capacity
“negotiates or bids for or enters into a contract in which the officer or employee has a
private pecuniary interest, direct or indirect, if at the same time the officer or employee is
authorized or required by law to participate in the officer's or employee's capacity as such
officer or employee in the making of that contract or to perform in regard to that
contract some official function requiring the exercise of discretion on the officer's or
employee's part ... ” Accordingly the statute requires a contract.

97. However, Wis. Stat. § 946.13(2)(a) actually allows “Contracts ... that do not involve
receipts and disbursements by the state or its political subdivision aggregating more than
$15,000 in any year.” This means that officers like Ron Wolff are allowed to enter into
contracts with Grand Chute that do not involve receipts or disbursements in excess of
$15,000 in any year.

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98. Accordingly, one possibility would have been for the Town to pay part of the bill in
2021 and part of the bill in 2022.

99. If Grand Chute had paid half of the payments to Lake Shore for the seeding work on
the Champion Pond in 2021, and the other half in 2022, then Ron Wolff would not be in
potential violation of Wis. Stat. § 946.13 because the work would not “involve receipts
and disbursements by the state or its political subdivision aggregating more than $15,000
in any year.”

100. A second possibility would have been for the Town of Grand Chute to pay the cost
of the materials directly to the suppliers.

101. Lake Shore could have re-calculated the quote on a time and materials basis, and the
time would have been valued at less than $15,000, and then the Town of Grand Chute
could have paid the materials suppliers directly. If the Town of Grand Chute had paid the
suppliers of the materials directly this also might have helped to avoid a potential
violation of Wis. Stat. § 946.13(1)(a).

102. There are many recent examples of Grand Chute paying suppliers directly, and
paying service providers for their time.

103. Administrator March did not pursue any of the above possibilities, and also did not
alert Ron Wolff, the Grand Chute Town Board, or Lake Shore to the potential Wis. Stat. §
946.13(1)(a) issue.

104. Administrator March failed to seek legal counsel on how to best mitigate or avert the
issue with the Lake Shore work on the Champion Center Pond.

105. The only person that Administrator March reported the Lake Shore / Champion
Pond issue to during the months of June, July, August, September, October, November, or
December of 2021 was Special Agent Jay K. Yerges.

106. While Administrator March could have alerted Ron Wolff and Lake Shore to the
potential issue, could have alerted the Town Board to the issue, could have arranged for
legal counsel to be consulted to avert or mitigate the situation, could have instructed the
Town not to pay the invoice to Lake Shore for $25,588.08, could have instructed the
Town to split the payments over two years, could have instructed Lake Shore to re-bill
the work and for the Town to pay the suppliers of the materials directly, or could have
taken some other action to mitigate the Lake Shore work on Champion Pond Issue,
Administrator March failed to do any of these things.

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107. James March’s reason for doing nothing to prevent the payment of $25,588.09 to
Lake Shore on or around December 7th of 2021, or to take any of the other obvious
remedial measures discussed above, was that Administrator James March wanted to “set
up” Ron Wolff for criminal investigation and prosecution to prevent Ron Wolff from
exercising his political rights in elected office.

108. “Setting up Ron Wolff” was James March’s motivation for not stopping Lake
Shore’s work on the Champion Pond, not stopping the Town’s payment for the work on
the Champion Pond, not alerting anybody other than the Special Agent to the issue,
failing to structure the Lake Shore payments, and failing to seek legal counsel on the
Lake Shore work on Champion Pond issue.

109. March’s intent for the above described course of conduct was to try to cause Ron
Wolff to violate Wis. Stat. § 946.13(1)(a) in order to attempt to entrap Ron Wolff to
prevent Wolff from exercising Wolff’s political rights.

110. On February 3rd of 2022, Administrator March called Special Agent Yerges’s cell
phone.

111. During the February 3rd, 2022 phone call, Administrator March provided Special
Agent Yerges with a detailed account of what had happened at a February 1st, 2022 Town
of Grand Chute “closed session” meeting of the Town Board.

112. In addition to providing extensive details about what had happened during the
“closed session” meeting, Administrator March conveyed his own legal theories about
how Supervisor Ings and Chairman Van Eperen might be violating rules or laws if certain
changes were made to Town Policy.

113. On February 10th of 2023, Administrator March met with Special Agent Yerges and
Assistant Attorney General Nathaniel E. Adamson at the Grand Chute Town Hall.

114. The Investigation Case Report of Special Agent Yerges states as follows:
“Administrator March reiterated Wolff had completed the contracted work and the project
was in a payment-stage at the time Administrator March learned the contracted work had
been awarded and completed.”

115. This was false information because Administrator March was aware of the issue on
June 1st of 2021.

116. Administrator March was also aware of the Lake Shore / Champion Pond issue on
October 4th of 2021 when Administrator March reported Wolff and Lake Shore’s
potential violation of Wis. Stat. § 946.13(1)(a) to Special Agent Yerges during March and
Yerges’s meeting at the Grand Chute Town Hall.

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117. Lake Shore performed $24,778.09 of the Champion Pond work on November 1st of
2021, and the payment for $25,558.09 was not made by the Town of Grand Chute to Lake
Shore until December of 2021.

118. All of James March’s communication with Special Agent Yerges on the Lake Shore /
Champion Pond issue occurred during business hours and were either in person meetings
at the Grand Chute Town Hall, or phone calls that James March made to Special Agent
Yerges while March was at work at the Grand Chute Town Hall.

119. James March timed his February 2022 contact with Special Agent Yerges to attempt
to cause Special Agent Yerges to perform a search and seizure on Ron Wolff’s properties
prior to the April 2022 election.

120. James March hoped that the search and seizure would have an effect on the outcome
of the April 2022 Town Board election.

121. On March 22nd of 2022, Special Agent Jay K. Yerges of the Division of Criminal
Investigation of the Wisconsin Department of Justice executed a search warrant together
with a large number of Agents and Employees of the Division of Criminal Investigation,
an unknown number of Deputies and Employees of the Outagamie Sheriff’s Department,
and an unknown number other persons acting in active concert or participation with DCI
and/or the Outagamie County Sheriff’s Department and conducted an unreasonable
search and seizure at the houses and business of Ron Wolff and his wife Karri Wolff.
Excessive force was used by one agent or staff of DCI on Karri Wolff. Even though the
raid on the Wolff properties was supposed to be sealed, the information about the raid
was almost immediately leaked to the press.

122. James March’s course of conduct described in this section was motivated by
Administrator March’s intent was to attempt to entrap Ron Wolff into violating Wis. Stat.
§ 946.13(1)(a) in order to cause Ron Wolff to be investigated and charged with a crime,
in order to prevent Wolff from exercising Wolff’s political rights, and to help March’s
political ally, Brad Gehring, and in the furtherance of March’s own political goal of
maintaining Grand Chute’s special assessment policy unchanged.

123. As a result of March’s course of conduct described above, and March’s

communications with Special Agent Yerges, Ron Wolff was charged with a felony on
July 10th of 2023 for the payment for the work that Lake Shore Cleaners did to seed the
Champion Pond in November of 2021.

124. March’s course of conduct described above, and March’s communications with
Special Agent Yerges, were not protected first amendment communications, but rather
were part of an unlawful course of conduct, performed under color of law, intended and

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calculated to attempt to entrap Ron Wolff and deprive Ron Wolff of his constitutional
rights.

125. March’s course of conduct described above, including his communications with
Yerges on the Lake Shore / Champion Pond issue were performed as part of James
March’s job duties as Town Administrator which included “Acts as Town liaison to other
agencies and units of government.” Ex. A, Employment Contract 9.

Grand Chute Water Loss

126. In late 2021 Ron Wolff and the Town Board started to become aware that the Town
of Grand Chute has been losing approximately $1,000,000 (one million dollars) of water
per year, for at least seven years due to leaking pipes or possibly due to malfunctioning
meters.

127. James March’s job duties as Town Administrator included “Manages public works
projects” and “Oversees sewer and water utility functions.” Ex. A, Employment Contract
9.

128. Accordingly, James March was failing at his job year after year when he failed to
resolve Grand Chute’s water loss problem and through his inaction or incompetence
allowed the Town of Grand Chute to continue losing over a million dollars of water per
year.

129. The Town Board was dissatisfied with Mr. March’s performance in many regards,
one of which was the water loss issue, and eventually presented Mr. March with a set of
goals that he would have to meet for 2023.

130. Around March of 2023, Mr. March presented the Town Board with a document
written by Mr. March entitled “Town Administrator Goals for 2023” which purported to
show what March had accomplished in terms of the goals set by the Town Board. Exhibit
K 2.

131. In the “Town Administrator Goals for 2023” document, Mr. March stated that he had
“Continued to Work with Staff to determine if a major water loss issue exists in Sanitary
#1 or if it is a metering issue”. Exhibit K 2.

132. In the “Town Administrator Goals for 2023” document, Mr. March stated to the
Town Board that “All meters in the Town have now been replaced.” Exhibit K 2.

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133. James March’s statement to the Town Board that “All meters in the Town have now
been replaced” was a false statement because thousands of meters had still not been
replaced.

134. For example, on September 19th of 2023, the Joint Sanitary Board voted to purchase
350 water meters and 540 MXU’s (Exhibit I 1) which obviously would not have been
necessary if it were true that “All meters in the Town have now been replaced” as stated
in writing by James March around March of 2023. Exhibit K 2.

135. James March failed in his job as administrator when he failed to prevent Grand
Chute from losing one million dollars or more of water every year for at least seven
years, and when he falsely stated to the Town Board, in writing, that “All meters in the
Town have now been replaced” when thousands of meters in the Town had not been
replaced.

136. James March’s failures described in this section are inexcusable and would have
independently been grounds for his dismissal for cause.

Grand Chute’s Bloated IT Budget

137. Grand Chute has a massively bloated IT budget, which reaches almost two million
dollars per year ($2,000,000 per year).

138. Similarly sized communities have much lower IT budgets, for example De Pere,
which has a similar size population to Grand Chute, has an IT budget of less than three
hundred thousand per year ($300,000 per year).

139. The bloated IT budget occurred, grew, and persisted during the time that James
March was employed as the Administrator of Grand Chute.

140. James March’s job duties as Town Administrator included “Develops and reviews
annual budget. Prepares budget reports, monitors expenditures, recommends staffing and
expenditure levels.” Ex. A, Employment Contract 9.

141. James March failed in his job as administrator when he allowed the IT department to
bloat to over $2,000,000 per year.

142. James March’s failure to control Grand Chute’s IT budget was inexcusable and
would have independently been grounds for dismissal for cause.

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 James March’s Flip Flopping Behavior

143. James March would take one position in private meetings and then take a different
position at public meetings, in a fashion designed to discredit or embarrass Ron Wolff
politically.

144. As an example, in a meeting between Ron Wolff and James March to discuss the
bloated IT budget, James March specifically told Ron Wolff that he, James March, felt
that it would be a good idea to look at different ways to reduce the IT budget, and that
trying to reduce the IT budget was a part of Ron Wolff’s job as a Town Board supervisor.

145. When Ron Wolff brought up the idea of looking at different ways to reduce the IT
budget at a Town Board meeting, James March spoke out against the idea, saying that it
was a bad idea to try to reduce the IT budget because doing so would cause people to
quit.

146. In Ron Wolff’s opinion, James March engaged in the flip-flopping behavior in
relation to Ron Wolff in a way that was calculated to induce Ron Wolff to make a public
statement that James March could then publicly contradict in order to discredit and
embarrass Ron Wolff politically.

147. James March engaged in this type of flip-flopping behavior with Town Board
Supervisor Ron Wolff.

148. James March engaged in this type of flip-flopping behavior with Town Board
Supervisor Jeff Ings.

149. James March engaged in this type of flip-flopping behavior with Town Board
Supervisor Jason Van Eperen.

150. James March never engaged in this type of flip-flopping behavior with Town Board
Supervisor Brad Gehring.

151. James March’s flip-flopping was inexcusable and would have independently been
grounds for dismissal for cause.

Damages

152. James March’s course of conduct to try to attempt to entrap Ron Wolff into a
violation of Wis. Stat. § 946.13(1)(a) injured Ron Wolff by causing Ron Wolff to undergo
an unconstitutional search and seizure, to undergo a wide ranging investigation for years,
and to be charged with a felony, and thereby causing Ron Wolff to incur attorney fees to

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defend himself and his wife in court, emotional distress, loss of reputation, humiliation,
and embarrassment, both past and future.

153. The investigation and criminal charges against Ron Wolff have hindered Ron
Wolff’s ability to participate in politics and have severely damaged Ron Wolff’s
reputation.

Jurisdiction and Jury Demand

154. This Court has jurisdiction over this action pursuant to Title 28 U.S.C. §§ 1331 and
1343(3) in that the controversy arises under the United States Constitution and under 42
U.S.C. § 1983 and 28 U.S.C. §§ 2201 and 2202. Venue is proper in this Court because the
Defendant and Counter-Plaintiff and the Plaintiff and Counter-Defendant reside in this
district. 28 U.S. Code § 1391(a)(1) ("a judicial district in which any defendant resides, if
all defendants are residents of the State in which the district is located"). This Court has
authority to award attorneys fees and litigation expenses pursuant to 42 U.S.C. § 1988.
Counter-Plaintiff further invokes the supplemental jurisdiction of this Court under 28
U.S.C. § 1367(a) to hear and adjudicate state law claims to the extent that any are
intertwined with the questions presented in this case. Each and all of the acts alleged
herein were done by the Counter-Defendant, or their officers, agents, and employees,
under color and pretense of the statutes, ordinances, regulations, customs and usages of
state law. The Counter-Plaintiff requests a jury.

First Cause Of Action

42 U.S.C. Section 1983: First and Fourteenth Amendment Political Rights
Personal and Official Capacities

155. The above paragraphs 1 through 153 are re-pled and repeated as though fully set
forth herein.

156. As pled above, James March, acting under color of state law, acted with personal
involvement in a course of conduct with the intent to deprive Ron Wolff from enjoying
his 1st Amendment and 14th Amendment rights to political belief and association and the
free exercise of his political rights, including in the political office that he ran for and was
duly elected to.

157. James March was actually successful in depriving and hindering Ron Wolff from
enjoying his 1st Amendment and 14th Amendment right to political belief and
association, and to exercise his political rights in the political office that he ran for and
was elected to, including by causing a raid and an ongoing investigation into Ron Wolff.

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158. As a direct result of James March’s conduct, as pled herein, Ron Wolff was damaged
as pled herein.

Second Cause of Action

42 U.S.C. Section 1983: Class of One Equal Protection Under The 14th Amendment
Personal and Official Capacities

159. The above paragraphs 1 through 153 are re-pled and repeated as though fully set
forth herein.

160. As pled above, James March, acting under color of state law, and acting with
personal involvement, acted with the intent to deprive Ron Wolff of the equal protection
of the laws.

161. James March’s motivation for acting as pled above was motivated by a strong
personal animus against Ron Wolff and out of a spiteful effort to “get” Ron Wolff for
reasons wholly unrelated to any legitimate state or municipal interest.

162. As a direct result of James March’s conduct, as pled herein, Ron Wolff was damaged
as pled herein.

WHEREFORE, Counter-Plaintiff requests that this Court grant the following relief:

(a) Enter judgment declaring that to the extent that there was a violation of Wis.
Stat. § 946.13(1)(a) by Ron Wolff, said violation was caused by James March’s
intentional course of conduct;

(b) Enter a preliminary injunction ordering James March to sign a letter accepting
full responsibility for Ron Wolff’s violation of Wis. Stat. § 946.13(1)(a) to the
extent that there was one;

(c) Enter judgment awarding Ron Wolff nominal, compensatory, and punitive
damages for each count;

(d) Award Counter-Plaintiff his costs, interest and reasonable attorneys’ fees for
this action pursuant to 42 U.S.C. §1988 and other relevant statutes;

(e) Order James March to disgorge and return to Grand Chute the portion of his
pay for the period of days between December 2nd 2023 and his deposition on
November 20th, 2023 or such earlier date may be determined at trial as the date
upon which the Town Board would have unequivocally terminated James March
for cause.

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(f) Order such other and further injunctive relief as the Court deems just and
proper under the circumstances.

Dated this 1st day of December, 2023.

/s/ Erik S. Olsen

Erik S. Olsen
SBN 1056276
[email protected]

6515 Grand Teton Plaza, Ste 241

Madison, WI 53719
(608) 535-6109

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