GREEN BAY, WI (WTAQ-WLUK) — Although the Packers Heritage Plaza has already been removed from its former downtown location, the legal battle over the project continues.
The Packers Heritage Plaza featured the statues of Paul Hornung, Johnny “Blood” (McNally), Bart Starr and team co-founder George Whitney Calhoun, among others. The Plaza also included a large recognition wall and green space enhancements. It opened in 2013.
After the city approved plans for an eight-story, 268-unit luxury apartment complex for the parking lot at Cherry and Adams Street, it insisted the Plaza be removed. The group which installed it, Packers Heritage Trail, Inc., sued, seeking to keep it there. The non-profit group and the Green Bay Packers acquiesced, submitting a letter to the court in October, and the plaza was removed late last year.
That October letter said “the Parties are now working on the necessary paperwork to dissolve the restraining order and plan to file joint dismissal papers before the end of the year.”
However, that didn’t happen, and the case was never closed. On Thursday, the city filed its response to the lawsuit.
According to the document, Green Bay has asked for the suit to be dismissed.
“The Plaintiff’s claims are barred because of an accord and satisfaction based upon a settlement agreement reached by the parties. That an enforceable settlement has been reached by the parties pursuant to Sec. 807.05, Wis Stats., as there is a written agreement to which the parties have subscribed to be bound,” wrote attorney Terence Bouressa.
“That there was and is no basis for an injunction in this matter as the Plaintiff had no interest in the real estate where the Plaza was located and therefore, had no standing to contest the removal of the Plaza for construction of the development. Further, the Plaza has been removed and all items returned to the Plaintiff and therefore the claims set forth in the Complaint are moot and should be dismissed,” he stated.
If not dismissed, the city requests a jury trial on the matter.
The Packers Heritage Trail has not formally replied to Thursday filing.
No hearings are currently scheduled in the case.
A new location for it has not been determined, and the Packers organization currently has it in storage.
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