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County attorney says motion to dismiss filed in UWM campus lawsuit as sale to Ozaukee Christian awaits closing
Summary
County Attorney Stern told the board the Washington County Charitable Foundation sued over donor restrictions tied to Collins Science Hall and sought an injunction; Stern said the county filed a renewed motion to dismiss in case 26CV139 and that the county remains under contract to sell the UWM campus to Ozaukee Christian School, with due diligence and closing expected by early August.
Washington County’s attorney briefed the Board of Supervisors on pending litigation concerning the sale of the University of Wisconsin‑Milwaukee Washington County campus and donor‑attached restrictions on Collins Science Hall.
Attorney Stern said the Washington County Charitable Foundation served a notice of claim and later filed suit claiming donors contributed roughly $1,200,000 with conditions that the facility be used only for public education. "They felt that they had been injured to the tune of $1,200,000," Stern said. The county disallowed the claim and proceeded with a negotiated sale to Ozaukee Christian School, signing a contract April 8; Stern said closing is expected after due diligence, likely by early August.
Stern told the board the foundation sought an injunction to block the sale but the court declined to restrain the county from proceeding. The county then faced a legal choice: answer line‑by‑line or move to dismiss. Stern said he filed a renewed motion to dismiss (he filed it the afternoon of the meeting) and argued the foundation lacks standing because it is effectively a passthrough that neither donated the funds nor serves as trustee or beneficiary. He also argued that enforcing a perpetual restriction would be ultra vires because the county cannot lawfully consent to a condition that would require running a school.
Stern provided the case number (26CV139) and said the motion was now pending before Judge Kane in Ozaukee County Circuit Court after Washington County judges recused. He asked the board to consider moving into closed session for strategic discussion; the board voted to go into closed session by roll call.
No further details about litigation strategy were discussed in open session. Stern said he would return with additional information as appropriate and noted the public docket can be checked on CCAP for filings and schedules.
