Judge dismisses lawsuit against downtown apartment development

A Dane County judge this week dismissed a lawsuit filed by owners of condominiums in a Downtown building trying to block construction of a 14-story apartment building next door.

Circuit Judge John Albert on Monday denied a request by residents of the Marina condominium building, 137 E. Wilson St ., to reverse a decision by the City Council approving a conditional-use permit to build an apartment building on property at 149 E. Wilson St .

Residents who filed the lawsuit said the 121-apartment project being developed by McGrath Property Group would not have an adequate fire lane and off-street parking for loading and unloading, and would have a noisy ventilation system.

In his ruling, Albert wrote that the City Council proceeded correctly in approving the conditional-use permit for the apartment building. He said the council had substantial evidence to support its decision, and that the decision could only be reversed if there was a lack of substantial evidence.

The building is to be located on the site of a vacant building, slated for demolition, that was last used by the state Department of Corrections.

Ron Trachtenberg, who represents the condo owners in the lawsuit, said he believes an appeal is likely.

He said there is a related lawsuit filed by Marina condo owners alleging that the project violates a fire lane easement that owners of the Marina property have on land that McGrath intends to develop. That case is still pending.

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Judge dismisses lawsuit against downtown apartment development