GREEN BAY (NBC 26) — Packers Heritage, Inc., part of The Packers Hall of Fame Inc. has filed a lawsuit against the City of Green Bay over plans to move the Packers Heritage Trail Plaza from its current location at the corner of North Washington and Cherry Street.
In May, the City of Green Bay's Redevelopment Authority Committee voted 'yes' to move forward a 268-unit apartment building project proposal in the same lot where the plaza currently stands, pending further city approval.
On Tuesday, October 15, the city went ahead to tentatively approve the proposal during its Common Council meeting.
According to the suit, filed on Wednesday, October 16, the plaintiffs have been trying to convince the city to reconsider the move off-the-record. With no success, Packers Heritage, Inc. formally objected to the plans for the first time through correspondence mid-September, the law suit states.
The suit alleges that city representatives proposed and requested, in 2012, Packers Heritage, Inc. to "create the Plaza concept as a downtown landmark in part because whenever television network stations came to film for Packers games, they generally only displayed the Nitschke bridge and cows in local pastures," and that the City of Green Bay chose the current location for the Plaza.
The suit goes on to allege that the city "at least implied permission to use this property would be permanent, or in place pending further agreement of the parties".
The lawsuit calls for:
1. A declaration to determine the plaza will remain in its current place until both parties reach an agreement or the court rules otherwise; 2. A "constructive trust" enforced by the Court to "effectuate the Plaintiff’s property interest and preserve the joint venture"; 3. Monetary judgment against the City for expenses in any potential required relocation of the plaza; 4. Plaintiff's legal fees.
Additionally, plaintiffs also filed a motion for a temporary injunction in order to prevent the city from moving the plaza until there is a resolution in court.
Brown County Circuit Judge Tammy Jo Hock found sufficient grounds for the temporary injunction, ordering the City of Green Bay to appear in court to argue why the injunction should not be granted. The hearing is set for Friday, October 18, at 11:30 a.m. at the Brown County Courthouse.
Note: This article previously stated the Heritage Trail is a separate organization from the Packers. While it did start out as a 501(c)(3) non-profit corporation and public charity, the Packers acquired the trail in 2017, according to its website.
