Ralph Heun, a 38-year resident of New Berlin, will be blogging about issues of concern to the New Berlin Citizens for Responsible Government, an organization that promotes fiscal responsibility among all units of government.
Waukesha County Circuit Court Case #2007CV1421
A lawsuit has been filed in Waukesha Circuit Court on May 18, 2007, against the City of New Berlin and the New Berlin Board of Appeals, by Janacek Investment Inc., Operators of Deer Creek Apartments. Janacek Investments, Inc. is represented by the law firm of Murn & Martin C.S.
On February 5, 2007, the Planning Commission granted approval of the Deer Creek Inn and Conference Center at Greenfield Avenue and Moorland Road, despite the unit being 40 feet higher than the PUD approved by Ordinance 2128 in January 2001. An amendment is required because of the additional height and other changes.
The suit alleges the Planning Commission disregarded City ordinance 275.23(J)(2) setting forth amending text of Planned Unit Development (PUD).
New Berlin Board of Appeals on April 12, 2007 upheld the decision of the Planning Commission by a 4-1 vote, and failed to apply Zoning Ordinances and related height expressly stated at 55'.
The Plaintiff's are asking the Court to reverse the New Berlin Board of Appeals decision and send the plan back to the Planning Commission and the Common Council per Ordinances 2128 and 275.23(J((2).
They are also asking for a Declaratory Judgment and relief because the planned Deer Creek Inn and Conference Center will diminish and harm the use by the plaintiff and residents of Deer Creek Apartments because of the failure of the City to require an amendment to Ordinance 2128 as a result of the increase in height from 55' to 94'.
There was no reason to rush into this approval without a public hearing. The Administration must follow the requirenments of the City of New Berlin Ordinances.
