RACINE — A Racine County judge has denied the city’s motion to dismiss the lawsuit brought forward by Azarian Wrecking and other plaintiffs against the City of Racine and the Racine Redevelopment Authority.
On Friday, the city filed an appeal of the decision with the Wisconsin Court of Appeals.
The dispute arises from the failed Machinery Row project. In the lawsuit, Racine-based Azarian Wrecking alleges that it was not paid the full value of its property, and that the city and RDA did not provide adequate relocation fees, violated eminent domain laws and held back money from the sale of the property while also misrepresenting what the money was used for.
In the motion to dismiss the case, City Attorney Scott Letteney argued that Azarian Wrecking had based three of its four charges in its complaint on, “fanciful allegations of a ‘straw man’ theory, unsustainable constitutional violations and ill-pleaded claims related to contract law...”
The motion argued that the Azarian complaint was not properly filed, did not include Financial District Properties of Davenport, Iowa (FDP) — the company that initially purchased the Machinery Row properties — as a party and did not substantiate its claims for relief.
In his response, Racine County Circuit Court Judge Jon Fredrickson presented arguments against the city’s assertions in the motion to dismiss. Fredrickson stated that the city retains the right to test and challenge the allegations as the case progresses but that for now, they would be treated as true.
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