McDonald’s developer asks court to intervene in stalled project

By Melanie Boyung - News Graphic Staff

July 28, 2015

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.