Green Bay seeks $2M in Younkers case

GREEN BAY - Since 2003 the city of Green Bay has been in a legal battle with the owners of the old downtown Younkers property over money. And that fight continues to cost the city.

"It's a very costly case but need to allocate resources to protect the taxpayers as well," said Allison Swanson, Green Bay city attorney.

At issue is $2-million, the city maintains it overpaid to Wisconsin Mall Properties, and money it wants back based on the misreading of an appraisal of the property.

The state supreme court upheld the payment and Wisconsin Mall Properties wants the rest of the case dismissed.
Brown County Circuit Court judge Mark Warpinski ruled both sides have merit, but ultimately the taxpayers have a stake in this too.

"The taxpayers also have a right to have that valuation determined," ruled Warpinski.

He’s talking about those same Green Bay taxpayers that paid $5.7 million for buying out the Younkers mall lease and the Younkers property. In addition it's paid nearly $700,000 in legal fees and interest, and more is owed.

Wisconsin Mall Properties attorney Greg Conway argues the costs are out of hand and the case needs to end.

"What can I say it's ridiculous to continue to pursue this matter after the stage it's already at," said Conway.

Winning the court battle though could go a long way toward paying the added fees accrued over the years. And the latest ruling to proceed is seen as a victory for the city.

"It goes a long way toward getting the city a fair hearing on the property," added Swanson.

The city of Green Bay has 10 days to decide whether to move forward with the case ahead of other legal issues related to the property. Given all the costs, the judge hopes both sides though will agree to work out a compromise.