Attorney Says Dirt Piles are Owned by Developer

The attorney for the developer of a proposed hotel that was to have been built on Sturgeon Bay’s west side waterfront has informed the city that the piles of dirt on the site are the property of Robert Papke. Green Bay attorney Jonathan Smies, in correspondence sent this week, says Papke and Sawyer Hotel Development owns the dirt piles and any attempt to move the ground would be in violation of Sawyer’s contractual rights. Smies points out in the letter that Sawyer still holds exclusive rights to develop the hotel. And, in the event that the hotel is never completed, the city is contractually obligated to purchase the dirt piles for $16,000. You’ll remember that the city council went on record on Tuesday to petition a court to decide the issue. Attorney Smies points to a development contract that indicates that the dirt piles are indisputably property of Sawyer. In addition, his letter points out that the clean fill, certified by the DNR, is part of a remediation plan for the parcel which obligates the city to maintain the dirt piles on the property.

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