Oak Creek Buc-ee's proposal, neighborhood group's lawsuit dismissed

Lawsuit over Buc-ee's proposal dismissed

A Milwaukee County judge on Wednesday threw out a lawsuit filed against Oak Creek that sought to thwart a proposed Buc-ee's travel center there.

OAK CREEK, Wis. - A Milwaukee County judge on Wednesday threw out a lawsuit filed against Oak Creek that sought to thwart a proposed Buc-ee's travel center there.

Dismissed without prejudice

What they're saying:

Oak Creek Neighbors United filed the 20-page lawsuit in April, listing the City of Oak Creek as the defendant. It was dismissed without prejudice on Wednesday due to a filing issue with a notice of claim statute. 

FREE DOWNLOAD: Get breaking news alerts in the FOX LOCAL Mobile app for iOS or Android

"Disappointed, you know, but hopeful that we can meet with the city, be part of a public hearing, have some time for public comment," said Britt Devusic with Oak Creek Neighbors United. "Disappointed in the city of Oak Creek."

In response to Wednesday's ruling, the city of Oak Creek said in a statement: "The City of Oak Creek appreciates the judge’s decision and will continue to move the project forward."

"Essentially that there's a process where a municipality has to be placed on notice of a lawsuit, and then there's a statutory period of time for them to either affirm or deny the claim," said Attorney Nathan Beyer, who represents Oak Creek. "Then there's some procedural steps under the statute that have to be followed before the lawsuit can be filed in circuit court."

What's next:

Because it was dismissed without prejudice, Oak Creek Neighbors United can refile the lawsuit.

The city said, next, there will be a final site and architectural review at an upcoming Plan Commission meeting. An exact date and time for that meeting has not been released.

Neighborhood group sues

The backstory:

Buc-ee's executives want to build their first-ever Wisconsin store near 27th and Elm, just off I-41/94. The proposal is for 120 gas pumps and a 73,000-square-foot facility that includes a brisket station, shopping and restrooms. The goal would be to open the travel center in early 2027.

To transform the land where the proposed Buc-ee's would be built takes rezoning and a change to the city’s comprehensive plan. The Oak Creek Common Council approved both in March.

SIGN UP TODAY: Get daily headlines, breaking news emails from FOX6 News

But the Oak Creen Neighbors United lawsuit claims the city failed to follow city code and state law when it rezoned the land. The neighborhood group claimed the rezoning was "illegal spot zoning" and should be declared void by the court.

The lawsuit further claimed the property was rezoned, and the plan amended, to benefit just the owner of the property over the objection of "several hundred citizens and the alderman for the district." The 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."