Conservatively Speaking

Could New Berlin City Center case end up in court?

Posted by Mary Lazich on June 10, 2010

Constituents have been asking me questions about possible lawsuits in the wake of new developments in the New Berlin City Center controversy.

The concern is that the developer of proposed housing might sue the city of New Berlin because the city’s Planning Commission wants the developer to alter its proposal after the Planning Commission approved it a few months ago.

A similar story unfolded recently in Ann Arbor, Michigan. The city was the target of a federal lawsuit filed by the developer of proposed low-income housing at a former YMCA location downtown. The lawsuit claimed the city stopped construction of the development because it included low-income housing, and in doing so was discriminatory and violated federal law.  A federal judge late last month dismissed the lawsuit due to lack of evidence.

At this link you may read about the Ann Arbor case and link to the judge’s decision. 

One cannot assume that the Michigan case means: a) a lawsuit will be filed in New Berlin, or b) if a lawsuit is filed against New Berlin, the city would prevail.

However, the Michigan case does provide an example of claims filed against a city that were subsequently dismissed after a low-income housing development was halted.

At this point, any discussion about potential lawsuits is pure conjecture.