Conservatively Speaking

State Senator Mary Lazich (R-New Berlin) represents parts of four counties: Milwaukee, Waukesha, Racine, and Walworth. Her Senate District 28 includes New Berlin, Franklin, Greendale, Hales Corners, Muskego, Waterford, Big Bend, the town of Vernon and parts of Greenfield, East Troy, and Mukwonago. Senator Lazich has been in the Legislature for more than a decade. She considers herself a tireless crusader for lower taxes, reduced spending and smaller government.

Could New Berlin City Center case end up in court?

Constituents have been asking me questions about possible lawsuits in the wake of new developments in the New Berlin City Center controversy.

The concern is that the developer of proposed housing might sue the city of New Berlin because the city’s Planning Commission wants the developer to alter its proposal after the Planning Commission approved it a few months ago.

A similar story unfolded recently in Ann Arbor, Michigan. The city was the target of a federal lawsuit filed by the developer of proposed low-income housing at a former YMCA location downtown. The lawsuit claimed the city stopped construction of the development because it included low-income housing, and in doing so was discriminatory and violated federal law.  A federal judge late last month dismissed the lawsuit due to lack of evidence.

At this link you may read about the Ann Arbor case and link to the judge’s decision. 

One cannot assume that the Michigan case means: a) a lawsuit will be filed in New Berlin, or b) if a lawsuit is filed against New Berlin, the city would prevail.

However, the Michigan case does provide an example of claims filed against a city that were subsequently dismissed after a low-income housing development was halted.

At this point, any discussion about potential lawsuits is pure conjecture.

This site uses Facebook comments to make it easier for you to contribute. If you see a comment you would like to flag for spam or abuse, click the "x" in the upper right of it. By posting, you agree to our Terms of Use.

Page Tools