OAK CREEK — A recently filed 20-page lawsuit is challenging the City of Oak Creek's decision to rezone land for a proposed Buc-ee’s travel center, alleging that the city lacks the legal authority to do so.
PREVIOUS COVERAGE: Oak Creek Buc-ee's project moves forward despite neighbors' concerns
Sara Shreve, a member of Oak Creek Neighbors United, voiced concerns about the implications of the city's actions.
"I think a lot of people rely on zoning and comprehensive land use plans," she said.
Watch: Oak Creek Neighbors United files legal suit against Buc-ee’s development
Shreve, who resides less than a mile from the proposed Buc-ee’s site, is part of the nonprofit that initiated the lawsuit.
The legal action claims that the rezoning constitutes "illegal spot zoning," a term used when local governments alter the zoning classification for a small parcel of land in a way that does not conform with surrounding neighborhoods, typically for the benefit of a specific property owner or project.
PREVIOUS COVERAGE: How neighbors are feeling about the proposed Buc-ee's in Oak Creek
In this case, the project in question is the planned Buc-ee’s, a popular convenience store chain.
"That's why we have zoning and comprehensive land use plans. They help guide and ensure balanced development in the city," Shreve added.
According to the city's 2020 Comprehensive Plan, the land designated for Buc-ee’s was originally zoned for business purposes. However, a recent vote by the Common Council changed the zoning classification to commercial by amending the comprehensive plan. Shreve and other residents voiced their opposition to the project during a council meeting held on March 18.
"Overbuilding and prioritizing new construction and developments over neighborhoods just has so many negative consequences," Shreve stated.
The lawsuit asserts that the city's decision to approve the rezoning and the comprehensive plan amendment was made “solely for the benefit of the developer.” It argues that the neighboring community will endure increased light pollution, crime, and traffic congestion due to the development.
"Our neighborhood recognizes there’s going to be some sort of development in that area, but not a circus," Shreve said.
The City of Oak Creek has approximately 45 days to respond to the lawsuit. In a statement, officials indicated that they are currently reviewing the suit with their legal team and remain committed to holding future public meetings regarding the Buc-ee’s development project.
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