Pabst Farms dismisses claim with Oconomowoc

Amber Gramza, Enterprise Staff

Oct. 30, 2013

OCONOMOWOC - After dropping its lawsuit against the city of Oconomowoc because the Common Council initially denied a Kwik Trip in the Pabst Farms Development, attorneys for the development have officially withdrawn their notice of claim with the city that had possibly been seeking $20 million in damages.

Jon Axelrod, attorney with the firm, first filed the claim in late August, claiming an alleged bias by one or more of the council members.

“Pabst Farms looks forward to restoring the excellent relationship that existed between the city and Pabst Farms before the Kwik Trip episode,” Axelrod said Tuesday. “We hope that the withdrawal of the Pabst Farms claim will help restore that relationship.”

The claim had stated the Kwik Trip representatives spent around $80,000 in pursuing the permits and “seeing this result ... other potential partners, which otherwise would have worked with Pabst Farms in bringing further retail establishments to the city, will likely back out of such development projects,” which had been the reason for requesting $20 million for “consequential damages.”

The council voted again on the proposed Kwik-Trip on Oct. 15, approving it.

Mayor Jim Daley said the attorneys’ action is a very positive step forward.

“The city is continuing to work in partnership with Pabst Farms and trying to get the best overall projects to be presented for the community to make a decision. ... This can only help us to move forward in a more positive manner,” Daley said.

A Walmart Supercenter and Sam’s Club store were proposed for the Pabst  Farms Town Centre, although as of Tuesday, Daley said that no plans have been submitted to the city for either project.

Kwik Trip representatives were unable to comment by deadline.