Franklin’s TID 10 – Poth’s General Faces Legal Challenge Over Failure to Meet “But-For” and Blight Requirements
By Dr. Richard A. Busalacchi Franklin Community News A proposed Tax Incremental District tied to the Poth’s General development (TID 10) in the City of Franklin is now facing a formal legal challenge, raising significant questions about whether the project complies with Wisconsin law. In a May 5, 2026 letter to the Franklin Common Council and Joint Review Board (JRB) , attorney Joseph R. Cincotta , representing property owner Linda Mathwig , stated plainly: “The proposed TID No. 10 and the Project Plan that supports it is not in compliance with the TID statute.” The letter, submitted on the eve of the JRB’s consideration of the project, places the City on notice that approval of TID 10 – Poth’s General could be subject to judicial review. The Central Legal Issue: The “But-For” Test At the core of the objection is a foundational requirement of Wisconsin Tax Increment Financing law: a TID may only be approved if the development would not occur “but for” public subsidy. Cin...