MILWUAKEE— A lawsuit filed against the city of Oak Creek to prevent a Buc-ee’s fueling station from being built near a residential area has been dismissed by a Milwaukee County Court judge.
Judge Glen Yamahiro says the case was dismissed based on the bounds that the Plaintiff, Oak Creek Neighbors United failed to follow proper state statutes as they filed a lawsuit and a claim of notice against the city of Oak Creek on the same day back in May.
“I don’t believe the court has to address any other claims today because we have fundamental problem that is so procedural 101,” said Judge Yamahiro. “The notice of claim was filed the same day the lawsuit case was filed. State statute 893.80, the notice statute, requires the municipalities be given time to look over a claim before acknowledging and taking action against a plaintiff with a lawyer.”
With the lawsuit and claim filed on the same day, there was ultimately no time give to the city of Oak Creek to take any action.
Oak Creek Neighbors United says it filed the lawsuit against the city on it’s actions to make amendments to the zoning code and comprehensive plan were not well based and should not have been approved due to the complaints of the neighbors but also the law of their own ordinances and state statutes.
Residents ultimately want the city of Oak Creek to undo these approvals in changing of amendments or ask the court to do that if the city still has plans to move ahead and stick with their previous approvals.
Oak Creek neighbor Britt Devusic says she was disappointed by Judge Yamahiro’s decision.
“I’m hopeful that we can meet with the city and be part of a public hearing and have some time for public comment,” said Devusic. “Obviously, we’re still very disappointed in the city of Oak Creek for a variety of reasons not the least of which is just changing the layout of what our community was intended to look like. I think there is plenty of more time to come.”
Neighbor Paul Sekulovich says the lawsuit was filed to ultimately keep the neighborhood clean and free from the pollution that will come if the Buc-ee’s is fully built.
“I think there is a great deal of subjectivity to the judge’s decision,” said Sekulovich. “Between the fumes from the 120 pumps to the potential negative impact on property values, light and noise pollution. I think I speak for everyone on my block we don’t want this Buc-ee’s and hopefully the process and our lawyer can prevent the construction of it.”
Oak Creek Neighbors United says they plan to refile their lawsuit against the city and give the Oak Creek time to process and look over the lawsuit and take any action against it.
Oak Creek City leaders say the next steps for the Buc-ee’s fueling station will be a final site and architectural review at an upcoming Plan Commission meeting.
