WEST BEND - Five
downtown businesses went to court to force the Common Council to
reconsider its March 3 decision allowing an expansion of the
Farmers Market on North Main Street this summer.
reconsideration will be on the agenda of the council’s April 15
organizational meeting when two new aldermen will be sworn in.
“It is not a
lawsuit,” City Attorney Karen Christianson said. “It is a
petition for review. And that is pending before the Common
DeStefanis of DeStefanis Law Office in Mequon, filed the
petition for plaintiffs HTG Design Jewelers, The Exclusive Co.
of West Bend, West Bend Coin and Collectibles, Husars House of
Fine Diamonds, and Diffusion Hair Design on Wednesday.
Farmers Market would have vendor stands in front of those five
was presented to Washington County Circuit Court Judge Todd
Martens, with the city of West Bend named as the defendant.
A petition for
review is defined as a “formal application made to a court in
writing that requests action on a certain matter.”
owner of HTG Design Jewelers, declined to comment on the
Representatives for The Exclusive Co., West Bend Coin and
Diffusion were not available for comment Friday evening.
parking, access to stores among business owners’ concerns
February public forum on the expansion, the businesses expressed
concern about closing more of North Main Street, which they said
would reduce customer parking, cut access to their stores and
block their storefronts.
of the Farmers Market should not be at the expense of these
merchants. There are other options,” DeStefanis said during the
At the forum,
Mike Husar said no one opposed the Farmers Market, but he and
other business people wanted its expansion elsewhere, suggesting
North Sixth Avenue.
Bend Association surveys and a straw poll taken during the
February forum indicated most downtown businesses support the
expansion on North Main Street.
On March 3,
Mayor Kraig Sadownikow cast the deciding vote to allow the DWBA
to extend its Saturday morning Farmers Market an additional 200
feet south on North Main Street. The eight-member Common Council
split 4-4, which required the mayor to vote.
two aldermen were elected to the Common Council - John
Butschlick in District 1 and Rich Kasten in District 5. They
will replace two aldermen who voted in favor of the Farmers
Market expansion, Tony Turner and Allen Carter.
reiterated that he supported the decision to allow the market’s
expansion, “because I feel the Farmers Market is a great asset
for the people of West Bend and will stand behind that
Kasten said he
could not comment because of the court case.
“There’s not a
lot I can comment on,” Sadownikow said when contacted by the
Daily News. He said he hoped a resolution on the issue would
best serve the interests of the city.
affirmed the market expansion would be on the April 15 agenda.
That meeting will begin at 6 p.m. in the Common Council Chamber
in City Hall, 1115 S. Main St.
also declined further comment.
Manager Kellie Boone called the petition “an attempt to reverse
She said it
was her understanding both sides on the issue would have three
minutes to present their cases before a re-vote is taken.
Market has been held on North Main Street and small sections of
side streets between Old Settlers Park north to the turnaround
at West Washington Street. Expanding the market would extend
south to the turnaround in front of the former West Bend Theater
and the Centrum building.
The DWBA has
booked all 70 street spaces available to the market and there is
a waiting list, Boone has said. The expansion would accommodate
up to 33 more vendors.
A year ago the
Common Council voted not to allow the expansion, with aldermen
saying the downtown businesses factions should work out their
differences first. The vote was delayed again Feb. 10 for the
Farmers Market is scheduled for each Saturday morning from May
24 through Oct. 25.