A homeowners group consisting of residents in the villages of Big Bend, Vernon and Waukesha has sued Big Bend for its approval of a permit tied to the planned development of the Breck Athletic Complex.
According to online court records, Three Villages Association, an unincorporated association, filed the lawsuit on May 29, following through on a threat previously posed at multiple meetings of Big Bend Village Board and Plan Commission in recent weeks.
Specifically, the lawsuit challenges the legality of a conditional use permit, approved April 30, that enabled the developer of the athletic complex, Eric Weishaar, president of Breckenridge Landscape, to prepare final plans and begin construction of four soccer/lacrosse fields on open land south of Townline Road and east of Highway 164. It represents the first phase of a five-year, eight-stage plan for a 150-acre complex consisting of 20 fields, a larger indoor fieldhouse, a hotel and commercial buildings.
Lawsuit lists village shortcomings in approving conditional use permit
In the civil complaint and summons, the association claims the village failed to legally address specifics in its own ordinances for conditional use permits – a regulatory measure that allows some developments in restrictive zoning districts if a developer meets certain conditions.
It says the village’s Plan Commission failed to evaluate how the proposal would impact existing safe and health-oriented conditions, as well as topography and drainage; compatibility with other uses of adjacent properties as well as the village’s Comprehensive Plan; existing vehicle and pedestrian traffic; and parking and existing utilities.
Planning officials also did not properly evaluate the suitability of Breck’s proposal with the development site, located east of state Highway 164 north of Interstate 43, or the noise, odors, traffic and other conditions that may be detrimental to the public, the lawsuit claims.
Drainage problems have already become evident, and the construction of impervious surfaces, including artificial fields, on land that already has a clay soil base with poor drainage will only exacerbate the problem, according to the civil complaint.
Residents want court to invalidate permit and stop complex construction
The lawsuit cites the claims of two neighbors living near the emerging sports complex: Matthew Welter, who lives in the South 6300 block of Big Bend Drive, and Jacqueline Trimborn, in the South 6200 block of Salem Court. In letters included as exhibits in the lawsuit, both say they have been harmed by the development in terms of the use and enjoyment of their properties and decreased property values resulting from the anticipated sports complex.
The homeowners association is asking the court to order the village to produce records that show how the village addressed these issues into deciding in favor of the conditional use permit. After a review of those records, the court could determine if the village’s approval “lacked sufficient substantial evidence” for grant the permit under its ordinances.
Ultimately, the homeowners also wants the court to end all plans for the complex enabled by the permit.
Village has yet to discuss and respond to lawsuit
How the village will respond remains to be seen, but some records tied to public meetings could counter the claim trustees did not cite sufficient substantial evidence in the permitting process.
In meetings in both March and April covered by the Milwaukee Journal Sentinel, village officials were guided by legal advice from village attorney Nathan Bayer, who described what constituted acceptable evidence. In each step of the review, Bayer spelled out conditions that Plan Commission and Village Board should include in the record.
Reached by email on June 4, Bayer told the Milwaukee Journal Sentinel he hasn’t “yet had a chance to even discuss the notice of claim or suit with the Village Board,” preventing him from answering related questions. The Village Board was expected to discuss the lawsuit during a closed session at its June 4 meeting at Village Hall, according to the agenda posted on the village’s website.
Bayer added that Kelly Renner, one of the village trustees, has been assigned by the board to act as the point person to discuss questions related to the Breck proposal. Renner did not immediately respond to a message seeking comment.
Contact reporter Jim Riccioli at james.riccioli@jrn.com.
This article originally appeared on Milwaukee Journal Sentinel: Home association sues Big Bend over Breck Athletic Complex decisions
Reporting by Jim Riccioli, Milwaukee Journal Sentinel / Milwaukee Journal Sentinel
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By Jim Riccioli, Milwaukee Journal Sentinel | USA TODAY Network
