Monday, May 6, 2013
Court records show that Art Dyer, who owns the property at the corner of Lannon Drive and Janesville Road in Muskego, is appealing his $46 million case against the city, despite a dismissal in February.
While there has been no comment from Art Dyer in the weeks after Judge Lee S. Dreyfus dismissed his case against the city of Muskego, which sought $46 million in damages, he is apparently not ready to throw in the towel. Court records show that Dyer filed an appeal on April 29, although the city has yet to be served with the paperwork. Dyer owns the 11-acre parcel at the corner of Lannon Drive and Janesville Road. He has alleged that the city conspired to prevent him from developing on the site, thus "taking" the land from him, and originally filed suit in September 2009. The city however has stated that Dyer never formally approached them with plans for the site to render any decision on. The city won its case in February, and the …
Sunday, February 24, 2013
Plenty of discussion on the empty lot known as the "tree farm" on Janesville, as well as a study of an intersection that may bring another roundabout to the landscape. What else made news this week? Read on.
We started out the week with a study of delinquent taxpayers, and Muskego's unpaid taxes topped the $1 million mark. In the meantime, new jobs and new businesses are coming to Muskego in 2013, according to Mayor Kathy Chiaverotti. She made those remarks during the State of the City Address on Feb. 15. The Muskego Historical Society announced a fundraiser for the Tailspin Roller coaster sign, which is in need of repair. A historic Muskego Pub Crawl on March 16 will start and end at Marx Pioneer Inn, and will stop at four other Muskego bars that have a historical tale to tell as well. Student athletes brought some great news this week, as the Franklin-Muskego-Oak Creek-Whitnall girls gymnastics team took the Conference title, as well as the …
Wednesday, February 20, 2013
Judge finds a "contentious" relationship between developer Art Dyer and the city, but ultimately ruled that the claims against the city could not be proven.
Judge Lee S. Dreyfus, Jr., has dismissed all claims being made against the City of Muskego by Art Dyer and Parkland Ventures, LLC, which included conspiracy and defamation of title, and punitive damages of $46 million. The lawsuit has been pending in Waukesha County Circuit Court since 2009. Wednesday's ruling could close the chapter that has held up development on the "tree farm" land known once as Parkland Mall at the corner of Janesville Road and Lannon Drive. Dyer had no statement after the ruling, and Mayor Kathy Chiaverotti was brief in her comments. "We are pleased that all claims have been dismissed; it's been a long haul," she said. Dreyfus made his decision after "reading through thousands of pages of material, including …
Saturday, June 23, 2012
We began the week hot, and ended on a frosty note; here's what folks were talking about in the past week.
If it felt like a long hot week, it was: temps in the 90s for much of it, and a lot more news than first thought happened. Let's catch up! June 18 We recapped the Parks meeting, and included the list of items on the parks' maintenance list: 2013 Wish List For Parks is a Long One Developments in the case against a Waukesha man accused of sexually assaulting a Muskego teen could keep the man in prison for the rest of his life: $225K Bail Set For Skout Sexual Assault Suspect June 19 The hirings at Muskego-Norway continue, as internal promotions keep the school board busy: O'Bryan to be New Principal at Lake Denoon; Tess Corners, Mill Valley Will Have Slots to Fill June 20 The dry weather is starting to impact burning ordinances, but not in …
Thursday, June 21, 2012
Judge refuses to dismiss developers lawsuit against Muskego, saying now is not the time to make those decisions. Pretrial hearing is set for mid-December
A lawsuit filed against the city of Muskego by developer Art Dyer, who alleges the city in effect "took" the Parkland Mall site from him and acted to prevent him from completing the project, will move forward. Dyer initially filed the suit in 2009, and has alleged that the city conspired to keep him from developing the 11-acre parcel that rests in the city's downtown at the corner of Lannon Road and Janesville Road. Judge Lee S. Dreyfus Jr. Thursday denied he city's request to dismiss the remaining claims in the case. The city appeared in Waukesha County Court with Dyer, owner of Parkland Venture, and Dreyfus told the parties that the suit should proceed. "I'm denying the motion to dismiss the charges made here," Dreyfus said. "The …
Thursday, May 24, 2012
Some claims dismissed, with further review in June on the harshest claim that city in essence took land from developer.
The latest round in the long bout that is the Parkland Mall lawsuit between the City of Muskego and Parkland Venture LLC and developer Art Dyer has given some victories to the city, with larger issues still to be decided. According to Mayor Kathy Chiaverotti, "the court dismissed the intentional tort (legal) claims as against the City and CDA, specifically those claims alleging conspiracy to injure in trade or business, civil conspiracy, intentional misrepresentation, tortious interference as well as claims of libel, slander and defamation." However, Waukesha County Circuit Court Judge Lee Dreyfuss Jr. will rule on the city's request for dismissal on the claim that the city in effect took the property from Parkland Venture on June 21. The…
Friday, March 30, 2012
Chiaverotti answers critics who have filed a recall petition against her, defending the city's stance in the Parkland Mall case and the decision to not allow a referendum in the lake park purchase.
Friday, March 30, 2012
The following is a letter Muskego Patch received from Mayor Kathy Chiaverotti, who is the target of a recall effort along with Aldermen Keith Harenda and Neome Schaumberg. The citizens and voters of Muskego are smart. They understand we have representative government and that recalls are not the democratic process but merely obstruct city work. The City's legal counsel presented to the Common Council that the Direct Legislation was not the proper subject matter. Therefore the Council was not bound to referendum. The petition also asked for a park development plan and costs associated. The Council recognized this and delayed the decision to provide this information to the public before a final vote contingent on the property owner’s …
Tuesday, March 27, 2012
The Common Council will have a variety of items on its plate Tuesday night, as it looks at boat launch purchase, construction agreements, and a decision on 7th District aldermanic candidates
The Muskego Common Council will have a variety of issues to consider when it meets Tuesday at 7 p.m. at City Hall: Looming road projects have also required the city to make the following moves:
While the city has maintained silence over recent mediation, the developer/owner of the nearly 11-acre parcel in Muskego's downtown relays his frustration in the inability to reach an agreement to settle lawsuit.
As the lawsuit against the Muskego by property owner Art Dyer failed in mediation earlier this month, officials had little to say about the specifics of the negotiations involving the former Parkland Mall site. "The specifics of mediation are not to be discussed by anyone at the direction of the mediator so as not to harm the mediation process. The city will continue to honor that," Mayor Kathy Chiaverotti said. However, Dyer had plenty to say after Chiaverotti's statement during her State of the City address last week indicated that Dyer had "backed out of negotiations." Dyer claims that the city conspired to prevent him from developing the land, in effect taking the property from him. He sent a recap of his issues with the city in an …
Tuesday, March 20, 2012
In State of the City address, Chiaverotti says sound finances put the city in a good position to move forward on projects, investments.
As Muskego faces multiple road projects and concerns have been raised regarding spending, Mayor Kathy Chiaverotti continued to state the case for the city's fiscal soundness. The mayor spoke during the State of City meeting at the Muskego Public Library Monday, where she recapped the highlights of 2011. Chiaverotti credited the reforms initiated by Gov. Scott Walker in saving the city approximately $70,000 by having employees pay more for the cost of their benefits. This year, the savings is expected to be $200,000. The fiscal health of Muskego is good, according to Chiaverotti, who cited the Moody's bond rating for Muskego as Aa3. The rating is not as high as other local communities, however. New Berlin's credit rating and Brookfield's …