Trial dates of April 8 and 9 have been set in the longstanding battle between Brothers Bar and Grill and the UW System Board of Regents for the property on which Brothers now resides.
Marc and Eric Fortney, owners of Brothers, initially filed the lawsuit in late October last year when the UW Regents asserted its right to seize the property as eminent domain, despite an agreement already made between the Fortney brothers and the university.
UW-Madison plans to use the land on 704 University Avenue to construct a new music school and performance facility, in concordance with the Campus Master Plan first outlined in 2005.
According to the Brothers website, the Fortneys paid close to $2 million for the building when the university first wanted to buy it from its previous owners three years ago. They said the $2.1 million offer the UW Regents put forth under the condemnation process would only cover current mortgage payments, failing to cover relocation or new building costs.
The UW Board of Regents maintains the right of condemnation as specified through serving the public interest. In a hearing taking place Tuesday, a decision is expected regarding how much money the university must share from the funds raised for the music school with Brothers' owners, building's funds, Mike Wittenwyler, the Fortney's attorney, told the Wisconsin State Journal in a statement.
