Federal judge dismisses Green Tree Road lawsuit

June 7, 2011

Federal Magistrate Judge Patricia Gorence has dismissed all federal civil rights claims brought against River Hills by the city of Glendale and Nicolet School District over a proposal to close the eastbound land of traffic on Green Tree Road between River and Jean Nicolet roads.

Attorney Michael Cieslewicz who represents the village said Gorence's ruling dismissed constitutional claims brought by the city and district but sent the state law claim back to Milwaukee County Circuit Court.

Gorence ruled that neither the city nor district has the legal standing raise a federal civil rights claim.

Last month River Hills rescinded the November 2009 resolution that called for a six month trial closure and led to the lawsuit.

Glendale City Attorney John Fuchs said he and Attorney Alan Marcuvitz, who has represented the city in the lawsuit, would meet with the Common Council to make a decision on whether to continue the case in state court in light of River Hills' action.

Residents living on that section of Green Tree Road began lobbying the Village Board in the summer to 2009 to take action to stop speeding in their neighborhood. They also complained about truck traffic and congestion at Green Tree and Jean Nicolet roads during morning and in the afternoon when nearby Nicolet High School ended its day.

Construction on Good Hope Road made it difficult to determine the normal traffic volume for Green Tree, but the village posted no trucking signs, added a stop sign to the Jean Nicolet/Green Tree intersection and increased police patrols.

With construction on Good Hope completed, Green Tree Road should see less traffic.

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