Home Industries Retail Judge dismisses neighbors’ lawsuit against development of Buc-ee’s store in Oak Creek

Judge dismisses neighbors’ lawsuit against development of Buc-ee’s store in Oak Creek

Image from Buc-ee's

A Milwaukee County Circuit Court judge on Wednesday dismissed a case brought by a group of Oak Creek residents who had hoped to block construction of a Buc-ee’s store.

Buc-ee’s, a popular mega travel center retail concept from Texas, proposed in January a 73,370-square-foot store with 120 gas pumps along South 27th Street near West Elm Road in Oak Creek with hopes of opening in 2027.

In March, the Oak Creek Common Council amended the city’s 2020 Comprehensive Plan Land Use plan for three parcels and rezoned those properties to allow Buc-ee’s to proceed, despite opposition from numerous nearby residents.

In April, a group called Oak Creek Neighbors United sued the city for those actions.

Oak Creek Neighbors United alleged in its complaint that the rezoning is inconsistent with the comprehensive plan and prohibited by state law and that the city’s approvals amount to “illegal spot zoning”; that the changes to the comprehensive plan will have an adverse impact on nearby neighborhoods, specifically the St. John’s Estates subdivision north of the proposed Buc-ee’s; and that the city and Buc-ee’s are minimizing the likely traffic and environmental impacts; among other things.

The city countered these claims in court filings; however, the case was dismissed Wednesday by Judge Glen Yamahiro because of a procedural problem.

Yamahiro said 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 in May. With the lawsuit and claim filed on the same day, there was no time to give the city of Oak Creek to take any action.

The case was dismissed “without prejudice,” according to court filings, which means the court has dismissed the case but allows the plaintiff to refile the same claim or bring related charges later, as the dismissal does not prevent future action.

“The City of Oak Creek appreciates the judge’s decision and will continue to move the project forward,” the city said in a statement after the dismissal.

As the proposal continued to receive municipal approvals throughout litigation, Buc-ee’s is scheduled to present a final site plan at an upcoming Plan Commission meeting, according to the city.

More articles about the Buc-ee’s store planned in Oak Creek:

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Hunter covers commercial and residential real estate for BizTimes. He previously wrote for the Waukesha Freeman and Milwaukee Journal Sentinel. A graduate of UW-Milwaukee, with a degree in journalism and urban studies, he was news editor of the UWM Post. He has received awards from the Milwaukee Press Club and Wisconsin Newspaper Association. Hunter likes cooking, gardening and 2000s girly pop.
A Milwaukee County Circuit Court judge on Wednesday dismissed a case brought by a group of Oak Creek residents who had hoped to block construction of a Buc-ee's store. Buc-ee’s, a popular mega travel center retail concept from Texas, proposed in January a 73,370-square-foot store with 120 gas pumps along South 27th Street near West Elm Road in Oak Creek with hopes of opening in 2027. In March, the Oak Creek Common Council amended the city’s 2020 Comprehensive Plan Land Use plan for three parcels and rezoned those properties to allow Buc-ee’s to proceed, despite opposition from numerous nearby residents. In April, a group called Oak Creek Neighbors United sued the city for those actions. Oak Creek Neighbors United alleged in its complaint that the rezoning is inconsistent with the comprehensive plan and prohibited by state law and that the city’s approvals amount to “illegal spot zoning”; that the changes to the comprehensive plan will have an adverse impact on nearby neighborhoods, specifically the St. John’s Estates subdivision north of the proposed Buc-ee’s; and that the city and Buc-ee’s are minimizing the likely traffic and environmental impacts; among other things. The city countered these claims in court filings; however, the case was dismissed Wednesday by Judge Glen Yamahiro because of a procedural problem. Yamahiro said 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 in May. With the lawsuit and claim filed on the same day, there was no time to give the city of Oak Creek to take any action. The case was dismissed "without prejudice," according to court filings, which means the court has dismissed the case but allows the plaintiff to refile the same claim or bring related charges later, as the dismissal does not prevent future action. “The City of Oak Creek appreciates the judge’s decision and will continue to move the project forward," the city said in a statement after the dismissal. As the proposal continued to receive municipal approvals throughout litigation, Buc-ee's is scheduled to present a final site plan at an upcoming Plan Commission meeting, according to the city.

More articles about the Buc-ee’s store planned in Oak Creek:

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