OCONOMOWOC — A
Waukesha County Judge has dismissed a motion filed by the lawyers
representing parties involved in the failed condominium project
Fowler Lake Village, but the city may not be off the hook yet.
James Hammes, a lawyer representing Fowler Lake Village LLC and
Rockwell Development LLC, filed a brief detailing arguments to
bolster his clients’ claim the city and the Common Council acted
arbitrarily and negligently when it voted down a developers’
agreement after the city’s Community Development Authority passed a
memorandum of understanding — an informal agreement between parties.
Lawyers for the
firm asked the court in January to review the proceedings through
what is called a certiorari — a review of the conduct of a body. The
judge requested briefs from both parties.
The city filed
a brief that argued the memorandum was not a binding agreement and
that Rockwell Development LLC never applied for a developer’s
agreement. It also argued it “properly exercised its jurisdiction.”
argued in their brief that should the council refuse to act in
accordance with prior commitments the city made, the plaintiffs
should be entitled to pursue the remaining causes of action for
causes action were stayed until the certiorari was resolved. Now,
with it dismissed the path is clear for the plaintiffs to pursue
Circuit Court Judge J. Mac Davis also ordered a scheduling
conference take place at 10:30 a.m. on March 14.
city has met several times in closed session, most recently on
Tuesday night before its regular council meeting, about the lawsuit.
Neither the city
or attorneys for the plaintiffs returned messages before press time.
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