Oak Creek Buc-ee's lawsuit; neighbors sue city over rezoning
Oak Creek neighbors sue over Buc-ee's
An Oak Creek neighborhood group is suing the city over the proposed Buc-ee's travel center.
OAK CREEK, Wis. - An Oak Creek neighborhood group is suing the city over the proposed Buc-ee’s travel center.
What we know:
The 20-page lawsuit was filed on Friday, April 11 and lists Oak Creek Neighbors United as the plaintiff and the City of Oak Creek as the defendant. It challenges a decision to approve an amendment to the City of Oak Creek Comprehensive Plan and associated spot rezoning of property located in the southwestern corner of the City of Oak Creek on South 27th Street and Elm Road – the site of the proposed Bucee’s.
Oak Creek Buc-ee's plan moves forward after council meeting
On Tuesday, March 18, the Oak Creek Common Council held a public hearing to hear from residents before moving forward with the plan to bring Buc-ee's to the city.
To transform the land, it takes rezoning and a change to the city’s comprehensive plan. The Oak Creek Common Council approved both in March.
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But the lawsuit claims the city failed to follow city code and state law when it rezoned the land. The neighborhood group claims that the rezoning is "illegal spot zoning" and should be declared void by the court.
LULING, TEXAS - JUNE 12: A section of the Buc-ee's convenience store is seen on June 12, 2024 in Luling, Texas. The Texas-based convenience store and gas stop, Buc-ee's has become the world's largest convenience store with over 100 gas pumps and a 75
The lawsuit claims the subject property was rezoned and the Comprehensive Plan amended to benefit just the owner of the property, over the objection of "several hundred citizens and the alderman for the district." The Comprehensive Plan amendment and rezoning would allow for the Buc-ee’s development, but "represents an obvious departure from the existing zoning and long planned use of the subject property and this area of the city."
Neighbors respond
What they're saying:
Neighbors can see the spot from their backyard, although there's another farm field and street as a buffer.
"We don't have room for 12,000 visitors a day, and the noise. We’re also worried about our property value; who's gonna buy our house knowing that that's there?" said Bonnie Kotlewski, who lives nearby. "We came here hoping to have lots of positive views. That’s why we liked it, too. A little woods and a big farm field. And that’s going to be lights and noise – too much. Too much for this area."
"Everything from the increased traffic to the noise pollution, our neighbor next door used to own a gas station," neighbor Paul Sekulovich said. "He said the smell from the 120 pumps could be a problem."
The backstory:
Buc-ee’s currently doesn’t have locations in Wisconsin. Right now, you would have to travel to Alabama, Colorado, Florida, Georgia, Kentucky, Missouri, South Carolina, Tennessee or Texas.
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The proposed Buc-ee's travel center would be home to a 73,370-square-foot convenience store/fueling plaza and feature 120 gas pumps. The goal is to open the location in early 2027.
The company did not respond to request for comment.
What's next:
The City of Oak Creek has approximately 45 days to respond.
The city will also have upcoming meetings on detailed site plans to transform the land.
The Source: FOX6 News obtained the lawsuit, spoke with neighbors and used prior coverage.