GRAFTON — Developer Continental
Grafton has asked a courts to issue a summary judgment in its favor
against the village of Grafton.
Continental Grafton is behind the proposed McDonald’s on Highway 60
in the Grafton Commons development in conjunction with Kilian
Management Services. Continental filed a lawsuit against Grafton in
May, alleging that the village acted illegally in not issuing a
building permit for the McDonald’s project after the Plan Commission
had approved it conditionally.
The Village Board originally voted down one of the Plan Commission’s
conditions, which Continental said was outside the law because
approval of building permits lies solely with Plan Commission and
the condition the Village Board refused had no connection to the
development parcel’s zoning.
The village later reconsidered the original conditional use permit
and revoked it based on the discovery that the planned unit
ordinance the property belonged to had expired. Village staff have
commented that the revocation was because the permit should never
have been approved in the first place and the village is simply
correcting a decision made with incorrect information. Continental
has claimed that the revocation was unlawful.
Continental filed the request for summary judgment in Washington
County Circuit Court last week, according to information from Brenna
Sadler, a public relations official representing the developer.
Sadler told the News Graphic that Continental is requesting that the
judge order the village to issue the building permit. Grafton
Village Administrator Darrell Hofland said that it could take a
month or more for a decision, which will be either a summary
judgment for or against the building permit, or a statement that
more information is needed. If the judge does not make a judgment,
Hofland said a hearing would be scheduled.