WAUKESHA \u2014 A Waukesha County judge has dismissed a lawsuit brought by developers seeking to advance a proposed drug and alcohol recovery facility in New Berlin, while also granting a residents group\u2019s request to intervene before the case was terminated.<\/p>\n
The ruling on Tuesday followed a motion hearing that addressed whether New Berlin Citizens United could join the case and whether the court should quash a writ of mandamus requested by the developers.<\/p>\n
The lawsuit, filed March 6 by DeMoCat, LLC, Moorland Hospitality Group, LLC and the Milwaukee Rescue Mission, sought a court order telling the City of New Berlin to allow the \u201cNew Journey\u201d recovery facility to proceed near Moorland Road and Interstate 43. The proposal has faced significant opposition from nearby residents, who have raised concerns about property values, safety and increased traffic.<\/p>\n
The dispute stems from a decision by the New Berlin Plan Commission, which determined that the inclusion of a chapel qualified the facility as a church. Based on that finding, the commission ruled the project was a permitted use within M-1 Industrial zoning, eliminating the need for a public hearing typically required for rezoning.<\/p>\n
Residents challenged that determination before the city\u2019s Board of Appeals, arguing the commission\u2019s decision was improper. While that appeal remains pending, the developers and Milwaukee Rescue Mission filed suit seeking to request the city to issue a zoning permit.<\/p>\n
Earlier this month, New Berlin Citizens United moved to intervene in the case on the city\u2019s behalf, arguing its members have a stake in protecting property values and preserving their right to appeal through the Board of Appeals process.<\/p>\n
After hearing arguments, the judge granted the group\u2019s motion to intervene. The court also granted the city\u2019s request to quash the writ of mandamus and dismissed the lawsuit in full, according to online court documents.<\/p>\n
The ruling keeps the dispute within New Berlin\u2019s administrative process, where the Board of Appeals is expected to consider the residents\u2019 challenge.<\/p>\n","protected":false},"excerpt":{"rendered":"WAUKESHA \u2014 A Waukesha County judge has dismissed a lawsuit brought by developers seeking to advance a proposed…\n","protected":false},"author":2,"featured_media":70416,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","_share_on_mastodon":"0"},"categories":[99],"tags":[112,190,2038,35079,22158,16772,38372],"class_list":["post-70415","post","type-post","status-publish","format-standard","has-post-thumbnail","category-berlin","tag-berlin","tag-germany","tag-new-berlin","tag-new-berlin-citizens-united","tag-new-journey","tag-plan-commission","tag-recovery-facility"],"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@dk\/116483587336325298","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/dk\/wp-json\/wp\/v2\/posts\/70415","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/dk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/dk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/dk\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/dk\/wp-json\/wp\/v2\/comments?post=70415"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/dk\/wp-json\/wp\/v2\/posts\/70415\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/dk\/wp-json\/wp\/v2\/media\/70416"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/dk\/wp-json\/wp\/v2\/media?parent=70415"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/dk\/wp-json\/wp\/v2\/categories?post=70415"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/dk\/wp-json\/wp\/v2\/tags?post=70415"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}