The tentative settlement of a lawsuit involving Sturgeon Bay’s west side waterfront has hit a road block. Mayor Thad Birmingham exercised his veto authority with regard to the agreement. Developer Bob Papke & Sawyer Development, LLC had sued the city for more than a half a million dollars, claiming misrepresentation by the city in that there was no clear title to the land when he was asked to develop a hotel there. In addition, it was alleged that the lack of a definitive ordinary high water mark played a role in the lack of a clear title, something that was not disclosed.
However, a settlement offer was recently made by the city council and the agreement was accepted by Papke’s legal counsel. The action was followed by a closed session Tuesday evening, & the city council voting 5 to 2 to accept the terms of the settlement agreement. It’s anticipated that council-members will take up the matter of the settlement & the mayor’s veto at their next meeting on December 18th. A two-thirds vote, or five out of the seven members of the council, is needed to override the veto.