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West Allis files lawsuit against Burger King over abandoned restaurant

West Allis is suing Burger King Company, saying that the building near 106th and Greenfield constitutes a public nuisance.
Posted at 8:22 PM, Oct 13, 2023
and last updated 2023-10-13 21:22:08-04

WEST ALLIS, Wis. — The City of West Allis sued Burger King Company, LLC after a Burger King has sat empty for at least six years. 

The vacant building at 106th Street and Greenfield Avenue used to be a thriving Burger King, according to a neighbor.

Today, the property is full of overgrown bushes, a deteriorating parking lot, and signs in empty windows that read “No Trespassing.”

The City is suing Burger King Company, saying that the building constitutes a public nuisance.

“There’s garbage piling up on the property, windows being broken, people breaking in, weeds and overgrown grass,” Kail Decker, the City Attorney of West Allis, explained. “If you live in the neighborhood and go to drive by it every single day, it will wear you down.”

The City is asking the court to order Burger King to make repairs, raze the building, or sell it to a new buyer.

According to the lawsuit, the City issued a written Notice of Public Nuisance in May to Burger King Company.

The notice said the property had broken windows, peeling paint, and a deteriorated parking lot.

“We send crews out there regularly. Over the last six years, we’ve sent them over 100 times,” Decker said.

On September 14, the complaint alleged the West Allis Code Enforcement Director inspected the property. The director found some repairs by Burger King, but said they were “superficial and improper repairs.”

TMJ4 reached out to Burger King for comment. They did not immediately respond.

Neighbors in the area said they want to see the building fixed as soon as possible.

“In West Allis, we have all these buildings popping up and houses being torn down,” Tim Rehberger, a resident of 30 years, said. “Why can’t the city or something promote this spot for a good restaurant?”

Once Burger King is served the lawsuit, they have 20 days to respond.


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