NEW BERLIN – The citizens group Neighbors First New
Berlin has filed a lawsuit in Waukesha County Circuit
Court alleging the city of New Berlin violated the law
when it amended the city’s comprehensive plan and
changed the zoning for land where Walmart wants to build
The New Berlin Common Council voted 4 to 2 on May 14 to
approve three agenda items regarding rezoning, amending
the comprehensive plan and approving a certified survey
map for land near the intersection of Moorland Road and
Greenfield Avenue. One aldermanic seat was vacant at the
time of the vote.
news release Sunday, Neighbors First’s attorney, Dennis
M. Grzezinski said, “The lawsuit alleges two reasons for
finding the Common Council’s actions unlawful. First is
the city’s failure to follow state law that requires a
legal notice of proposed changes to a city comprehensive
plan to be published at least 30 days before the public
hearing on the proposal, which renders the Common
Council’s changes to the plan unlawful and ineffective.
Second, state law requires that amendments to zoning
laws must be consistent with a city’s comprehensive
plan, and the changes made to the zoning of these
properties are contrary to the city’s plan, which was
not altered by the unlawful attempt to change the plan.”
Wal-Mart Real Estate Business Trust was also listed as a
defendant in the lawsuit.
Berlin Mayor Dave Ament declined to comment Monday
afternoon, saying he hadn’t seen the lawsuit as of 3:30
p.m. and was not aware of the specifics of the lawsuit.
He also said he cannot speak on pending litigation.
Nelson, senior manager of public affairs and government
relations for Walmart, did not return a call for comment
as of 4 p.m. Monday.
more on this story, see Tuesday’s