Despite threat of lawsuit, Town of Brookfield approves theater for The Corners

Marcus Corp. says it will enforce its rights under original development agreement

Despite objections and a threat of a lawsuit by The Marcus Corporation, the Town of Brookfield approved Miami, Florida-based Silverspot Cinema’s plan to operate a nine-screen movie theater at The Corners mixed-use development.

Rendering of Silverspot Cinema coming to The Corners.

This week, Milwaukee-based Marcus Corp., which has a minority stake in The Corners development, issued a letter to town officials saying the theater violates the original 468-page development agreement created when The Corners was built.

The development agreement was signed by the Town of Brookfield, Marcus Corp., the town’s Community Development Authority and Brookfield Corners, LLC, a Chicago-based joint venture to build The Corners.

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The agreement requires the consent of all parties involved when changes are made. Marcus contends it was never notified when developers decided to add a movie theater to The Corners project.

Marcus also expressed concerns over inadequate parking, traffic, structural issues and potential failure of the theater if built.

On Tuesday, the Town Board voted 4-1 to approve the theater, with Supervisor Ryan Stanelle voting no.

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The Marcus Corporation issued the following statement after the vote:

“The Marcus Corporation is disappointed in this decision, as the language in our development agreement is clear and deliberate,” the statement said. “It does not allow an amendment to the final agreed to plan without Marcus’s consent. We have no choice but to enforce our rights under the development agreement and Wisconsin law.”

The Marcus Corp. first unveiled plans for The Corners in 2011, and later sold its majority stake for the project to Brookfield Corners LLC.

In August, The Corners announced that Miami, Florida-based Silverspot Cinema will enter the Wisconsin market with a 750-seat, 43,000-square-foot theater at The Corners.

The Silverspot Cinema will focus on cultural programming but will also show first-run movies.

The Marcus Majestic Cinema opened in 2007, replacing two Brookfield theaters, Marcus West Point and the Marcus Westown Cinema.

The vacant West Point building was demolished as part of The Corners project, a $200 million development on a 19-acre site bounded by West Bluemound Road, North Barker Road and I-94.

Marcus Corp. is also planning to build a 40,000-square-foot BistroPlex theater at Brookfield Square Mall.

Robert Gould, CEO of Brookfield Corners, LLC, said he is happy with the town’s decision to approve plans for Silverspot Cinema.

“We appreciate the board’s careful consideration of our proposal and are pleased that they agree this new theater will significantly benefit the town by providing a unique experience for guests, fostering the sense of community we are working to create, and helping the center be sustainable long-term,” Gould said in a written statement.  “The unique experience offered by Silverspot perfectly aligns with our goal of making The Corners a place for visitors to shop, dine, live and be entertained.”

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