MUSKEGO - Mayor Kathy Chiaverotti settled questions about why an outside attorney is defending Muskego in a lawsuit regarding its care of the Luther Parker Cemetery.

In short, the city didn’t hire him. The city’s insurance provider did, Chiaverotti said. 

“The city’s insurance provider contracts outside legal representation for litigation matters,” she said. “The city does not pay those firms; the insurance provider does.”

The city has its own city attorney, but he handles in-house day-to-day legal services along with municipal court matters, Chiaverotti said.

The Sons of Union Veterans of the Civil War, Wind Lake Camp 15, filed suit in Waukesha County Circuit Court in April, saying that Muskego's refusal to mow Luther Parker Cemetery violates state law requiring proper cemetery maintenance. Two Civil War soldiers are buried in the cemetery at Ryan and North Cape roads.

The city’s position is that the cemetery, which some estimate has 70 graves, is a rare remnant of the prairie that existed when the soldiers were buried. It is not a reconstruction or reproduction, but the real thing, officials said. Leaving the cemetery is a tribute to those buried there, they maintain.

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