Attorney Files Lawsuit to Block Meijer Development

Meijer developers may have finished their work with the Sussex Plan Commission, but on the same day it received final approvals from the commission a lawsuit was filed to halt the project.

According to the Business Journal of Milwaukee, attorney Joe Cincotta has filed a suit with the Waukesha County Circuit Court challenging the village’s approval process. Cincotta filed the claim for Lisbon property owner Larry Pfannerstill who lives on a property near the development.

Cincotta alleges that the development will damage Pfannerstill’s property value and destroy his ability to enjoy peace and quiet on his land. He also claims the village's approval process was illegal. 

Cincotta was one of the more outspoken opponents of the project during a two-meeting, seven-hour public hearing for the project. During testimony, 35 evidentiary exhibits were entered into the record.

During to issue subpoenas and hold cross-examination of witnesses, which commissioners declined to do.

Cincotta has also challenged Meijer in Grafton and Franklin on behalf of property owners, the Business Journal reported. However, two homeowners who sued in Grafton eventually withdrew their case, and it was subsequently dropped Dec. 10.

Village Manager Jeremy Smith told the Business Journal that he was confident the village had followed proper procedures through the Meijer proceedings.