February 10, 2020

Edgewood High School drops lawsuit against Madison, plans to apply for field lights

Emily Hamer | Wisconsin State Journal

Edgewood High School dropped a federal lawsuit against the city of Madison Monday after a yearlong conflict over the use of the school's athletic field. 

Michael Elliott, the high school’s president, said in an email to Edgewood supporters that the school withdrew the lawsuit in a “good faith effort to try and resolve the issue of lighting on its on-campus athletic field without further litigation." Elliott said the school is beginning the application process for field lights.

The lawsuit alleged that the city discriminated against the private Catholic school on religious grounds by treating it differently than other high schools.

The city said Edgewood's master plan prohibited the school from hosting games on its field, but Madison’s public high schools’ games were allowed because they do not have master plans. Madison’s City Council approved repeal of the Edgewood's master plan in January, paving the way for daytime games but leaving the possibility of night games an open question.

Many neighbors of the school have long opposed night games and field upgrades, including lights, expanded seating and a sound system — even forming a group called No New Stadium. They say increased use of the field has disrupted the quiet character of their neighborhood with noise and traffic, and they don’t want the problem exacerbated with night games. 

In part because of neighbors’ concerns, the council in October approved an ordinance that requires Edgewood to get the city’s OK before adding lights to its field. 

Elliott said he expects the city will approve permits for Edgewood to install lights before the 2020-21 school year.

But some members of the City Council and the city’s Plan Commission have been sympathetic to neighbors’ concerns, so the lighting application could see a bumpy road.

The federal lawsuit was dismissed without prejudice, meaning Edgewood can refile it and the city can use the same defenses. 

"While it is Edgewood’s sincere hope to not have to restart the litigation in the future, that option remains available to us as a last resort, if necessary," Elliott said.