Fowler Lake Village lawsuit could see resolution soon
Settlement needs approval from Common Council

By Jake Meister - Enterprise Staff

Jan. 26, 2017

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.

The attorney representing the city in the matter, Joseph M. Wirth, agreed with Hammes’ statements.

As previously 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.

The city 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 its jurisdiction.”


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