The owners of Brothers Bar and Grill have agreed to drop their lawsuit against the UW Board of Regents, ending a lengthy legal battle just one day before their scheduled trial.
According to UW System spokesperson David Giroux, property owners Marc and Eric Fortney have agreed to accept the university's offer of $2.1 million to purchase the property.
""We went into this process saying we wanted to acquire the property at a fair price, a price that was good for the property owners and one that protected taxpayers and students,"" Giroux said. ""We've always argued $2.1 million is a fair price.""
The Fortneys sued the UW Board of Regents after the UW System voted to use its power of eminent domain to displace Brothers in an effort to make way for a new School of Music building.
The Fortney's lawsuit had argued the Regents did not have the right to condemn Brothers until it demonstrated the condemnation was in ""public interest."" The lawsuit also called on the university to secure more funding for the new music school and offer them more money to relocate.
A state lawmaker had recently introduced a bill after hearing about the lawsuit to limit the UW System's eminent domain authority by suggesting it be subject to the review of the Legislature's Joint Finance Committee.
However, Giroux said the UW System had been more than reasonable with its offer, which the Fortneys had tentatively accepted before.
""We'll live up to our obligations; we'll pay the property owners what we offered them and we'll abide by the law and we will pay them a reasonable amount for relocation,"" Giroux said. ""That is what we are required to do under the law, and we will do it.""
The university must pay within the next 30 days.
The Fortneys could not be reached for comment. However, according to the Wisconsin State Journal, they plan to focus their efforts on finding a new location for their business, which they plan to build near campus.
