Muskego's motion to dismiss the Parkland Mall lawsuit - which alleges the city, its Community Development Authority and some former officials mishandled development of the commercial property - was denied by Waukesha County Circuit Court Judge Lee Dreyfus Jr. today.
Parkland Venture LLC, which owns the now mostly vacant property occupying about 10 acres on Janesville Road at Lannon Drive, is suing the city for $46 million. Art Dyer is the most visible member of Parkland Venture.
While Dreyfus dismissed some of the claims in the lawsuit last month, the most serious ones remain. They include whether the city and the CDA virtually took the land, said Remzy Bitar, attorney for the city.
Also to be determined are whether the individual defendants have immunity and whether the statute of limitations has run out, Bitar said.
The city now has until Oct. 12 to file a motion for a summary judgment, he said. If that is dismissed, a pretrial hearing will be held Dec. 17. No trial date has been set.
Your link to the biggest stories in the suburbs delivered Thursday mornings.
Enter your e-mail address above and click "Sign Up Now!" to begin receiving your e-mail newsletter Get the Newsletter!
- Driving range dropped from New Berlin Hills' master plan (1)
- New Berlin School District taxpayers would get bang for buck
- New Berlin School Board approves $3.2 million Eisenhower pool renovation (4)
- Traveling beer garden to visit Doctors Park
- Students rebuild vintage racing machine
- Something old, something new at New Berlin Historical Society event on June 21
- Boat for vets, disabled inoperable after suspected joyride on New Berlin lake
- New Berlin approves commercial building, blocks access to subdivision (1)
- Stanek Tool of New Berlin promotes apprenterships to ease skills gaps
- New Berlin Ike grad wins data contest at Duke