Walmart sues New Berlin in dark store lawsuit

Freeman Staff

July 12, 2019

WAUKESHA — Walmart is suing New Berlin for a refund of “excessive real estate taxes” in one of several “dark store lawsuits” that have been filed in Waukesha County over the last few years.

According to Waukesha County Circuit Court records, Walmart believes that its New Berlin property, 15205 W. Greenfield Ave., has a value of no more than $7,650,000.

The lawsuit says the New Berlin City Assessor’s office set the 2019 value of the property at $15,027,500.

Attorneys for big box stores like Walmart use the “dark store” loophole to argue the value of a store in a busy commercial district should be based on the value of former retail properties in unpopular areas that are now closed and vacant.

Walmart is seeking a refund of the 2019 taxes it paid, as well as statutory interest.