Muskego's motion to dismiss the Parkland Mall lawsuit - which alleges the city, its Community Development Authority and some former officials mishandled development of the commercial property - was denied by Waukesha County Circuit Court Judge Lee Dreyfus Jr. today.
Parkland Venture LLC, which owns the now mostly vacant property occupying about 10 acres on Janesville Road at Lannon Drive, is suing the city for $46 million. Art Dyer is the most visible member of Parkland Venture.
While Dreyfus dismissed some of the claims in the lawsuit last month, the most serious ones remain. They include whether the city and the CDA virtually took the land, said Remzy Bitar, attorney for the city.
Also to be determined are whether the individual defendants have immunity and whether the statute of limitations has run out, Bitar said.
The city now has until Oct. 12 to file a motion for a summary judgment, he said. If that is dismissed, a pretrial hearing will be held Dec. 17. No trial date has been set.
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