West Allis files lawsuit against Burger King over 'whopper of a blighted property'

The City of West Allis is revolting against the king ― the Burger King, that is ― by filing a lawsuit over what the city says is a blighted property.

Mayor Dan Devine previously tweeted at the culinary king on Oct. 5 saying: “Since ‘I rule’ could you please help me and do something with this ‘Whopper’ of a blighted property (on 106^th and Greenfield) that has been an eyesore for West Allis for several years? Thanks in advance!”

The official Burger King account on X responded within minutes asking Devine to send them a private message. He did, but the company has not replied.

“It’s very frustrating that it’s such a blight and on such a main intersection,” Devine said at the time.

A few days later, on Oct. 9, the City of West Allis raised its dinner forks in revolt and filed a lawsuit against the company, according to City Attorney Kail Decker. Devine announced the suit via X on Oct. 13.

Decker previously sent Burger King a notice of nuisance in May. He said the company did respond with a few undercooked repairs, including fixing a broken window but leaving broken glass on the ground and painting rotting wood – “the paint has already bubbled off,” Decker said in an interview Friday.

“There’s a part of state law that says you can send someone a public notice of a blighted building ... and you have to wait 30 days, but if they don’t fix it you can file a lawsuit,” Decker said.

Both Devine and Decker said West Allis has spoken with representatives from Burger King many times in the past, but the problem persists.

“We tried a lot of things prior to litigation,” Decker said. “We don’t like suing businesses or property owners, but it just came down to we weren’t getting enough response from them and we had to go this route.”

The suit focuses on two issues, the existing blight that has been an issue for at least six years and possibly up to 11, according to Decker. Additionally, new violations were found since the notice of nuisance was issued. “It appears that the entire electrical service was removed from the building," Decker said.

The property, which is overgrown with weeds, is owned by Burger King Company, LLC. Burger King itself is a subsidiary of Restaurant Brands International, but Decker said the city is suing the listed property owner, not RBI.

“All we want is the property activated,” Decker said, adding the city is fine if Burger King reopens or if they sell the property to another user. “The only outcome we’re trying to avoid is just more of the same.”

Burger King Company, LLC will be served with the suit next week, Decker said, and once served, the company has 20 days to respond.

The Journal Sentinel has reached out to Burger King about this property but has not heard back.

Contact Erik S. Hanley aterik.hanley@jrn.com. Like his Facebook page,The Redheadliner, and follow him on Twitter@Redheadliner.