KAUKAUNA — Demolition of the Fox Cities Motel on Hyland Avenue has been delayed until January at the earliest, following a court hearing last week.
The next hearing on the the raze order is set for 11 a.m. Jan. 9, 2017. At that hearing, there should be a decision from the court as to whether the city can proceed to raze the building.
Brian Hamill, the attorney for owners Paramjit Saini and Natanbhai Patel, on Sept. 29, 2016, filed an application for a hearing and restraining order to vacate the condemnation order, according to online court records.
At a scheduling conference last week, Nov. 30, 2016, before Judge Des Jardins,, the city filed a motion to dismiss, according to City Council member Tony Penterman.
“This allowed the city to get the initial brief and supporting affidavits laying out the city’s position and relevant facts in the record without waiting for the court to set a schedule,” Penterman said.
This shortened the typical timing of the process by approximately 45 days.
Because the city brought the motion, it also allows the city to have the final word in the written argument submitted to the court, Penterman said.
The owner’s brief is due by Dec. 15, 2016 and the city’s final reply brief is due by Dec. 30.
The city building inspector on Nov. 14, 2016 posted a notice on the building stating, “The building cannot be used for human habitation, occupancy or use and must be vacated by Thursday November 17th 2016. The Red Cross has been notified and is offering assistance to those being displaced.”
The owners deny the allegations made by the city building inspector.
