City of West Allis sues Burger King over abandoned property after mayor calls it a 'whopper' of an eyesore

 

WEST ALLIS, Wis. (CBS 58) -- The City of West Allis is beefing with Burger King after officials claim a property on 106th and W. Greenfield Ave. has sat abandoned for at least six years.

On Oct. 5, Mayor Dan Devine took to X, calling the empty building, which is owned by the company, a "whopper" of an eyesore and asking for help resolving the area.

Hey @BurgerKing! Since “I rule” could you please help me and do something with this “Whopper” of a blighted property (on 106th and Greenfield) that has been an eyesore for West Allis several years? Thanks in advance! pic.twitter.com/a3tpGd7G0B

— Dan Devine (@MayorDanDevine) October 5, 2023

That post garnered more than 15,000 views and a response from the fast-food giant, who replied in the comments asking the mayor to message them directly. 

But after that interaction, city officials said they haven't heard anything else from Burger King

Days later on Oct. 13, Mayor Devine posted again on X, telling his followers that a lawsuit had been filed on Monday against the company.

CBS 58 spoke with Kail Decker, the city attorney for West Allis, who confirmed the legal battle. 

“Anyone who has to see it can recognize that it’s a blighted building and it’s probably the worst one in the area," Decker said. “I know that our crews have gone out there over 100 times in the last six years to clean up garbage on the lot, snow and ice removal, cutting the grass and trimming weeds back, things like that.”

Decker said they've also received complaints about the property from neighbors, elected officials, and surrounding businesses.

In May, a written public nuisance notice was also filed, with records listing certain defects that include a damaged electrical panel, broken windows, peeling paint, and a deteriorated parking lot. 

This isn't the first time they've been in touch with Burger King either, Decker added, noting they've tried to reach out for years to address the problem. 

“Even when we can make contact with them it’s difficult to actually get any type of activity or any type of response to actually result in things changing at the property," Decker said.

Now tired of the lack of change, the city wants it their way, which is why they're hoping this lawsuit will finally kickstart some action.

“I think that this is just a property that’s flown under the radar. We’re hoping that the lawsuit gets the proper attention to it, and I think that they’re a good corporate citizen and they’ll take care of it and do the right thing," Decker said. “Ultimately, we want the property to be activated and the blight to be taken care of, so it’s either fix the property up and get a business in there or sell the property to someone who's committed in doing so.”

The lawsuit itself hasn't been served yet, but officials expect that to happen "soon."

Once it is served, Burger King will have 20 days to respond, and if the issue persists beyond that, the city will then request a hearing.

CBS 58 reached out to the company for comment but so far, has not heard back.