Milwaukee County Circuit Court judge forces talks in Tower lawsuit

Daily Reporter (Milwaukee), May 15, 2008 by Sean Ryan

Milwaukee officials will get onto the Tower Automotive site eventually, according to a Milwaukee County Circuit Court judge.

Charles Kahn, judge, Tuesday told attorneys for the city and property owners to go back to the negotiation table to settle their dispute over whether the Redevelopment Authority of the City of Milwaukee can enter the former Tower property to perform environmental tests. The city asked the court for property access as part of a $32 million lawsuit. Tower site owner Milwaukee Industrial Trade Center filed the lawsuit against the city for allegedly not processing applications for occupancy permits.

"I believe that you really can narrow the issues," Kahn said, "because the fact of the matter is some kind of city involvement is inevitable."

Kahn said the property owners are better off working with the city to better coordinate the Redevelopment Authority's plan to perform soil borings and other tests on the site.

Gregg Hagopian, assistant city attorney, said the city is asking for a court order for access to the 80-acre industrial property in Milwaukee's 30th Street industrial corridor because it wants to see the site re-developed. Assessing any contamination would speed that process, he said.

The city drafted a redevelopment plan laying out those intentions before MITC even bought the land, Hagopian said.

This spurred Kahn to wonder aloud what MITC's attorneys might fear from a city inspection.

John Theiler Bode, MITC attorney with Murn & Martin SC, Waukesha, said the owners want a better idea of the tests the city is planning. He added the Redevelopment Authority refused to negotiate with MITC to buy the property until the city performs the tests.

Donald Murn, another MITC attorney from Murn & Martin, said his clients also are testing the site.

"We don't want two sets of engineers drilling holes and moving around this property without some coordination," he said.

The judge asked that both parties return to court June 30.