The Franklin Common Council on Thursday declined to enter closed session to discuss threatened litigation over conditional approvals for Franklin High School and instead voted to receive the matter and take no further action at the special meeting.
Mayor Nelson opened the citizen comment period and then restarted the agenda item concerning a resolution and conditional‑use permits for Franklin High School at 8222 South 50 First Street. Dozens of neighborhood residents urged the council to keep Highview Drive limited to “emergency access only” and to preserve a conservation easement in the woods behind the school.
The matter is tied to a September 2 council resolution and a planning commission public hearing on Aug. 21. The agenda item included an option for the council to enter closed session under Wisconsin Statute 19.85(1)(g) to “confer with legal counsel” about litigation the school district has threatened. A motion to go into closed session was made and seconded but failed on a roll call vote; the clerk recorded multiple no votes and the mayor declared the motion failed.
Residents who spoke described persistent speeding and safety concerns on South 40 Seventh Street and nearby corners. Nicole Schlacks, a resident at 8213 South 40 Seventh Street, told the council, “Please continue to stand firm, uphold your prior decision, and ensure Highview Drive remains for emergency access only.” Several speakers asked the council to require a traffic study and to verify outstanding agency approvals before altering earlier decisions.
Alderman Day said there was no new evidence in the packet refuting the council’s earlier findings and moved to “receive and place on file the information this evening and not take action.” Day’s motion, which she described as keeping “things the way they are,” passed on a recorded vote (motion carried). The council then approved a motion to adjourn.
City staff and counsel cautioned that litigation could affect what conditions the city may lawfully impose. The director of administration said the city must base conditional‑use conditions on “substantial evidence” and municipal code standards and warned that an adverse court ruling could strip the city’s ability to enforce some conditions. The city attorney confirmed both the applicant and the city must support their positions with substantial evidence under the code.
Council members debating closed session framed the question as a choice between protecting the city’s litigation posture and keeping the process fully open to the public. Alderman Craig urged closed session “to protect our taxpayer money,” while others, including Day, argued there was no new information that required immediate counsel advice and that the council should stand by its prior vote.
The public record shows multiple neighborhood speakers asking the council to reconsider not only Highview access but also changes to the conservation easement, and to require evidence such as traffic studies and state permits before reopening prior approvals. The council did not direct staff to reopen the conditional‑use decision at that meeting; instead it received the materials and took no further action.
What’s next: the planning commission and future council packets and any filings by the school district will determine whether the matter returns for formal action or proceeds to litigation.