7/3/2008

See the “Fortunes” column in the June 27 Isthmus for another view of the update.

Here is the most recent update on the driveway situation at 5133 University Ave. in front of Motorcycle Performance.

On Monday June 23 Judge Michael Nowakowski issued a ruling that allowed the driveway to remain its existing width at least through the balance of the time of the lawsuit (which could take up to another two years).  Judge Nowakowski by his ruling also showed a very perceptive view of the fragility of the small business when being antagonized by big money. 

A small business is not something you can just put in your suitcase and move to another location on a whim or at the insistence of a developer who is strictly there to line their own pockets.

I want to thank our customers for their show of support and Attorney Dave Knoll for the extra effort he put into this action.  The last session of the hearing was a marathon lasting from 2:30 in the afternoon until after 7:00 at night. 

In addition to the ruling on the driveway, Judge Nowakowski ruled that the estopple certificate, a key point in Degen’s case, was “hopelessly ambiguous”.  Take it from me, NEVER sign an estopple certificate. 

There are further actions pending and this still feels a bit like the sword of Damocles, especially since Degen has hired yet another attorney for his legal army. 

But I’m here to tell you that we are open for business  as usual and it will take a lot more than a few silk suit lawyers to cause us to change.  Still working to be the best!

Once again, thanks to the customers who gave up their afternoons to help us out!!!

Cheers! 
Bill

6/5/2008 
 

The continuation of the hearing on the driveway and parking rights for Motorcycle Performance continued this afternoon.  Testimony from Don Knott, John Leach of City of Madison Traffic Engineering, myself, and devloper (and driveway owner) Tom Degen was heard.  I have to admit that the witness chair was not the place I wanted to be this afternoon, but I have to answer questions from my customers and employees for 10 hours a day, sometimes six days a week, occasionally less than polite and hostile as well.  An hour in front of a couple of lawyers isn't that much different, even if the developer's lawyer is occasionally an ass (it's his job I guess).  All of our friends and customers said they thought it was fun to watch and are coming back for the final round

 Monday June 23 at 2:30 pm in
Courtroom 5D in the
Dane County Courthouse
215 S. Hamilton. 

 

This is the final round as the judge has stated there will be no more and it will be done that day.  Once again it was myself and my attorney, Dave Knoll, on our side of the aisle and developer Tom Degen and three corporate suits on his.  This was down from the three corporate lawyers, a clerk and two consultants there the first time.  David and Goliath?  

 

We also had a nearly hour-long segment on Vicki McKenna's Talk Radio Show where my concerns, and those of the Spring Harbor Animal Hospital next door were voiced concerning Fire Safety.  The narrowing of a driveway to the bare minimum required "by code" proved of no concern or interest to Fire Marshall Ed Ruckriegel or Fire Chief Amesqua as expressed in phone conversations and face to face interviews.  I have sent illustrative drawings to the chief, who had not even looked at the plans before telling me she wouldn't change anything. 

 

All of your help contacting the Mayor, the Fire Chief and your Alder is vital.  It serves as an example of the possibilities that exist for anyone to lose their business, home or property if a developer has enough money and enough juice with city hall to grind you into the dirt. 

DON'T FORGET:  
MONDAY JUNE 23 AT 2:30 PM
COURTROOM 5D
DANE COUNTY COURTHOUSE 
215 S. HAMILTON   MADISON, WI

 

MEET AT THE SHOP AT 1:15 TO RIDE OR DRIVE TO THE EVENT!!

Thank you, 
Bill