West Allis Burger King demolished after 'public nuisance' lawsuit

WEST ALLIS, Wis. - A vacant West Allis Burger King at the center of a months-long legal battle came down Tuesday, Feb. 6.

Court filings dated Oct. 9, 2023 show the city sued the restaurant chain, asking the court to declare the property near 106th and Greenfield a "public nuisance." The lawsuit also stated the city issued written notice of its complaints to Burger King in May – and alleged the company failed to adequately address defects.

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In September 2023, the lawsuit said, Burger King had taken action but failed to meet the city's desired level of repair. A broken window was fixed, but the glass from the originally broken window was left on the sidewalk. Some "minor paint" was added, but the paint was directly over rotted wood. Concerns about the parking lot asphalt were not addressed, the lawsuit claims.

After legal negotiations, Mayor Dan Devine announced in December that Burger King decided to just raze the building – and return the area to a grass lot. It is not clear what will be built on the lot.

"We're always trying to fix the problems that we learn about in our community. We don't get everything done that we hope. But this is a victory," Devine told FOX6 News last year.