Apartment complex owner files tax lawsuit against city
Brookfield company alleges buildings overvalued by more than $9 million 

By CARA SPOTO - Freeman Staff

July 14, 2018

Cara Spoto/Freeman Staff
The owners of West Grove apartments, off Kensington Drive and MacArthur Court, are 
challenging the assessment of six of the buildings in the complex. 


WAUKESHA - A Brookfield company is suing the city of Waukesha, alleging it overassessed six apartment buildings the company owns on the city's west side.

In a complaint filed Thursday in Waukesha County Circuit Court, WGBTL Investments, LLC alleges the city overvalued the properties  -  2109, 2147, and 2105 Kensington Drive and 2112, 2100 and 1015 MacArthur Court - by more than $9 million.

According to Mike Patnode, a commercial appraiser in the Waukesha City Assessor's Office, the properties are actually part of a 10-parcel apartment complex comprised of eight buildings and two vacant parcels.

City property records indicate WGBTL purchased the entire 10-parcel development for $36.5 million in January 2017.

The city assessed the entire development at $36,175,000 this year, later providing distinct assessments for each of the 10 parcels at the owner's request, Patnode said.

The company does not provide a reason why it believes the city erred in its assessment, but lists what it believes is the fair market value for the six parcels in question. In the case of 1015 MacArthur Court, for instance, it alleges the fair market value is $5.4 million. The city puts the value of the building at more than $8.8 million.

Property taxes for 2018 tax year have yet to be determined, but based on last year's tax rate, WGBTL believes the allegedly faulty assessments entitle it to a refund on its total 2018 tax bill of $175,126, according to the complaint.

In addition to a lowered assessment and tax relief, the plaintiff is also seeking to have all of its litigation costs and attorneys’ fees reimbursed if the court rules in its favor.

Attempts to speak with someone at the Waukesha City Attorney's Office about the case were unsuccessful on Friday.

No court dates in the case had been set as of Friday afternoon.