Germantown LP suing Town of Lisbon over rejected permit

By Matt Masterson - Freeman Staff

May 16, 2015

WAUKESHA - A Germantown limited partnership company is suing the Town of Lisbon after a planned gas station was rejected by the Plan Commission without reason.

According to a complaint, Wexford Heights L.P. flied suit against the town Thursday, months after receiving a “final determination” denying a conditional use permit to allow the group to build on purchased property at the corner of Highway Q and State Highway 164.

Town Attorney Kathryn Sawyer Gutenkunst told The Freeman she is aware of the suit, but declined comment as she had not yet seen the complaint.

The issue was first brought to the commission last July. At that meeting, Town Engineer John Stigler said Wexford had provided the appropriate applications and studies, recommending approval of the permit.

But discussion was tabled until September, and again tabled until December, so Wexford could obtain approval from the Wisconsin Department of Transportation for the site’s driveway and access points and handle other landscaping and lighting plans, the complaint states. At the Plan Commission’s December meeting, the LP presented results from WisDOT showing that the area’s intersections would operate safely even at peak traffic volume. According to the complaint, Stigler again voiced support of the plan, and although the largest concern voiced by any commissioner dealt with issues that were seemingly resolved in the WisDOT study, the commission voted 4-3 to deny the permit, according to the complaint.

The complaint states that no reason was listed in the meeting minutes for the denial. A request for review was undertaken during another meeting, but the commission issued two votes — one denying a motion to reverse its previous decision, and another to affirm its initial ruling.

Again, no reasons were given for the decisions, according to the complaint.

In its appeal, Wexford Heights is requesting the Waukesha County Circuit Court to reverse and remand the town’s “final determination” and grant the group its statutory costs, attorney’s fees and expenses, along with “all other relief that the Court deems just and equitable.”