A Milwaukee County judge dismissed a lawsuit filed by a group of Oak Creek residents against the city on Wednesday, aiming to stop the construction of a large Buc-ee's travel center. This lawsuit, initially filed in April, was dropped due to technical filing issues related to a notice-of-claim statute. Judge Glenn Yamahiro's decision to dismiss without prejudice allows for the possibility of future refiling of the same claim, as reported by JSONLINE.
Britt Devusic with Oak Creek Neighbors United expressed feelings to FOX6 revealing the group's disappointment, "Disappointed, you know, but hopeful that we can meet with the city, be part of a public hearing, have some time for public comment." Given Wednesday's ruling, the city of Oak Creek issued a statement looking forward to the project's progression: "The City of Oak Creek appreciates the judge’s decision and will continue to move the project forward." Attorney Nathan Beyer, representing Oak Creek, broke down the dismissal by saying, amidst the statutory period required to note a municipality of a lawsuit, "Then there's some procedural steps under the statute that have to be followed before the lawsuit can be filed in circuit court."
Neighborhood concerns regarding the Buc-ee's development include the traffic impact and potential harm to property values surrounding the 120-gas pump station planned for 27th and Elm. Obtaining a permit from the Oak Creek Common Council back in May, the project now looks to its next phase of site and architectural review by the plan commission. A statement from the City of Oak Creek relayed their recognition of the judge's favorable decision, as CBS58 reported.
One key step still needed is a Traffic Impact Analysis (TIA). The Wisconsin Department Of Transportation and Buc-ee’s are working together to figure out what road improvements are required. Once the TIA is approved, the city can schedule a plan commission meeting. Now that the lawsuit is dismissed, Buc-ee’s project in Oak Creek is mostly waiting on city decisions, and nearby residents are watching closely to see what happens next, as per CBS58.
