WAUKESHA — The
lawsuit against the city of Oconomowoc for the failed condominium
project known as Fowler Lake Village could be settled by the Feb. 7
meeting of the city’s Common Council, said the legal representation
for both parties.
During a Monday
status conference in Waukesha County Circuit Court, the lawyer
representing both Fowler Lake Village LLC and Rockwell Development
LLC, James W. Hammes, said a settlement could be reached should the
Oconomowoc Common Council approve the terms.
representing the city in the matter, Joseph M. Wirth, agreed with
reported by the Enterprise, Hammes had claimed on behalf of his
clients that the city and 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 2016 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.
previously 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
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