WAUKESHA — A hearing on the proposed Milwaukee Rescue Mission “New Journey” project in New Berlin is scheduled for Wednesday at New Berlin City Hall, where the city’s Board of Appeals will review whether local officials properly determined the development is a permitted use under city law.
The hearing follows a recent Waukesha County court ruling that dismissed a lawsuit filed by developers seeking to advance the proposed drug and alcohol recovery facility. The court also granted a residents group’s request to intervene in the case before it was dismissed.
The lawsuit, filed March 6 by DeMoCat, LLC, Moorland Hospitality Group, LLC and the Milwaukee Rescue Mission, sought a writ of mandamus ordering the City of New Berlin to allow the “New Journey” recovery facility to proceed near Moorland Road and Interstate 43. The proposal has drawn significant opposition from nearby residents, who have raised concerns about property values, public safety and increased traffic.
The dispute is based on the decision by the New Berlin Plan Commission, which determined that the project qualified as a church because it included a chapel. Based on that finding, the commission ruled the development was a permitted use within M-1 Industrial zoning, eliminating the need for a public hearing that would typically accompany a rezoning request.
Residents challenged the determination before the city’s Board of Appeals, stating the commission improperly classified the project. While that appeal remained pending, the developers and Milwaukee Rescue Mission filed suit seeking to compel the city to issue a zoning permit. New Berlin Citizens United later moved to intervene in the case on the city’s behalf, arguing its members had a vested interest in protecting property values and preserving their right to challenge the proposal through the Board of Appeals process.
Following oral arguments, the judge granted the residents group’s motion to intervene, approved the city’s request to quash the writ of mandamus and dismissed the lawsuit in full, according to online court records.
The ruling leaves the matter within New Berlin’s administrative review process, where the Board of Appeals is expected to take up the issue Wednesday.
According to the meeting agenda, the board’s review will focus on a single question: Whether the Plan Commission erred in determining that the proposed use is legally permitted under city code.