Attorney Challenging Drexel Town Square Has History With Meijer

When attorney Joseph Cincotta raised several issues at a June 18 public hearing for Drexel Town Square—particularly with the project's proposed anchor, Meijer —it wasn't the first time he challenged the Michigan-based retailer.

Cincotta has also challenged plans for Meijer stores in Grafton and Sussex. He's representing a Sussex resident in a lawsuit against Meijer in that community, challenging the village's approval process and alleging the development will hurt the property value of a nearby resident, as the Milwaukee Business Journal reported. 

The suit was similar to the case, eventually withdrawn, he filed in Grafton, according to the newspaper.

In Oak Creek, Cincotta has brought up possible legal issues related to zoning for the 85-acre site at Drexel and Howell. He questioned during the public hearing whether the proposed zoning ordinance violated state law, saying it would benefit a single business—Meijer. 

Cincotta went much further in a lengthy letter to the Oak Creek Common Council, raising issues about the tax-incremental financing district that will help fund improvements, the ownership of the property and whether the public was given enough notice about changes to the Drexel Town Square plan. 

He said Meijer's inclusion in the plan is a "radical" departure from what was presented last year, when multiple junior box stores were shown on the eastern end of the site rather than one large box store.

"The recent changes in the Drexel Town Square plan, reflected primarily by the addition of a big-box Meijer store, radically alter the plan that was put forward and approved by the city last year," Cincotta wrote. "Drexel Square is going to be seen simply as a big-box with some satellite store fronts, if those actually get developed."

Cincotta, who is representing Oak Creek resident Dan Vitek, has not said what he action he might take, only that he would continue to "interact" with Oak Creek officials about the plans.

He did not respond to a request for comment for this story. 

City officials speaking after the June 18 public hearing strongly denied they have done anything illegal in planning the development. 

The proposed zoning is not much different than what was done for Target or Kohl's, further south on Howell Avenue, City Attorney Larry Haskin said. It's common for zoning ordinances to be written with a specific company in mind, but with the understanding that conditions and restrictions would apply to any business that develops at the site, he said. 

"We've been cognizant of what the laws are throughout this process, and recognizing the unique opportunity we have here, we want to make sure what happens serve the best interest of citizens of Oak Creek and provides the best bang for the buck," added Doug Seymour, director community development.