New Berlin Citizens United

10/28/2026

*** IMPORTANT LEGAL UPDATE ***

New Berlin Citizens United, U.A. (NBCU) has achieved a major legal victory in its ongoing effort to compel the City of New Berlin to release the complete public record regarding the Milwaukee Rescue Mission’s "New Journey Program." NBCU filed this Writ of Mandamus action after city officials refused to provide full access to critical communications surrounding the project. NBCU contends these records will expose how the City, developers, and project applicants coordinated behind closed doors to misclassify a large-scale residential alcohol and drug treatment facility as a simple "church" use—fast-tracking approvals, bypassing public oversight, and granting special exemptions under a "faith-based" pretext.

On October 21, 2026, Circuit Court Judge Zachary A. Wittchow dealt a decisive blow to the City's efforts to keep these records hidden by denying the City’s Motion to Dismiss. Following oral arguments from NBCU Attorney Joseph Robert Cincotta and City Attorney Brian C. Sajdak, the Court ruled in favor of transparency, rejected the City’s attempt to toss out the case, and accepted NBCU’s Amended Petition.

With the City's Motion to Dismiss defeated, the lawsuit moves forward into active proceedings. The Court has ordered the parties to meet and confer on scheduling as NBCU continues its fight to ensure full legal compliance, total public transparency, and accountability from New Berlin officials.

*** PLEASE DONATE ***

https://www.newberlincu.com/mrm-nb/attorney-donating

Your support keeps us fighting! The critical December 8th hearing regarding the false “church” use determination is right around the corner. Help us defeat this project once and for all—donate today to power the next phase of our fight! Every dollar counts.

10/19/2026

‼️Update‼️

The Waukesha County Court hearing outcome on 10/21/26 was favorable to NBCU. The Judge established standing and cause/justification. Judge also did not allow the City's dismissal to stand.

The City now has the opportunity to comply with supplying the full records or make a more complete legal argument on why they should be allowed to withhold. City is currently withholding records under the premise of attorney/client privlege.

The Judge acknowledged that meetings occurred between the city and the developer, and that there are no records. However, the Judge was not compelled to order a camera review (where Judge privately inspects evidence and documents to determine if they were improperly withheld and legally relevant). However, this outcome should overall strengthen our legal standing and highlight our serious pursuit of complete records for our 12/8 case. We are thankful for the court's careful consideration.
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Court hearing on City of New Berlin's withholding critical records regarding open records requests. We believe this unfairly hindered our case at the board of appeals municipal hearings. Full records are critical to our main case scheduled on 12/8/26.

‼️****NBCU aims to correct this with an in person court action on Wednesday, 10/21 at 1:30 p.m. at Waukesha County Court******‼️

Please come if you can to support us and show City Officials and the court that we are invested in this issue. Link to court case below. Screen shots in comments on court case location.

Thank you for your support!!!

2026CV001187 Case Details in Waukesha County
Wisconsin Circuit Court Access https://share.google/Wpv0lXRT7enHpky2l

10/14/2026

***IMPORTANT LEGAL UPDATE***

MARK YOUR CALENDARS: DECEMBER 8, 2026 AT 1:30 PM Waukesha County Courthouse — Hon. Judge J. Arthur Melvin III

The legal challenge against the City of New Berlin’s contested approval of the Milwaukee Rescue Mission’s "New Journey" facility moves to court on December 8, 2026, at 1:30 PM. The initial substantive hearing will be held before the Honorable Judge J. Arthur Melvin III at the Waukesha County Courthouse.

This hearing marks the exact one-year anniversary of the controversial December 8, 2025 Planning Commission vote, where city officials fast-tracked a 57,000-square-foot residential drug rehabilitation facility by disguising it as a simple 'church'—effectively bypassing municipal regulations and stripping the public of their right to know.

WHAT HAPPENED AT THE DECEMBER 8TH 2025 PLANNING COMMISSION MEETING?

While the official notice advertised a minor PUBLIC HEARING for an 890 sq. ft. gas station addition, the Planning Commission quietly slipped a vote for a massive 57,000 sq. ft. residential treatment facility onto the agenda under "New Business”. Under Wis. Stat. § 19.84(2) and Wisconsin Department of Justice guidelines, approving a major development under a generic catch-all violates state open meetings law.

Under the direction of Mayor Dave Ament—Chief Executive and Head of the Planning Commission—the facility was arbitrarily designated as a simple "church”. This label was used to eliminate the statutorily required Public Hearing, stripping residents of their right to notice and public comment while granting developer THREE LEAF PARTNERS regulatory exemptions that previously blocked a hotel on the exact same site.

Evidence indicates Mayor Ament engaged in pre-determination communications with the developer prior to the meeting through an unlawful "hub-and-spoke" walking quorum. This reduced the meeting to a pre-arranged formality, where Mayor Ament stood as the SOLE ELECTED OFFICIAL on the commission to vote in favor.

The entire approval took just seven minutes, with ZERO RECORDED DISCUSSION on emergency response impacts, how a "church" label permits long-term residential housing in a non-compliant zone, or how to resolve the non-conforming "flag-lot" lacking public road frontage. Under Wisconsin administrative law, a decision made without substantial evidence in the official record is procedurally defective and legally invalid.

10/12/2026

***IMPORTANT NOTICE ON TODAY’S HEARING***
10/12/2026 - WAUKESHA COUNTY COURT - 1:30PM

Today marks our first formal step in court! New Berlin Citizens United’s appeal is officially underway regarding the Milwaukee Rescue Mission: New Journey program's use determination—specifically challenging how a large-scale residential treatment facility was classified as a simple “church” to bypass local regulations.

The initial hearing is taking place today via Zoom before the Honorable Judge Melvin III at the Waukesha County Courthouse. Today's session is strictly procedural: a virtual scheduling conference for attorneys to set the official trial timeline. No legal arguments will be made today.

Think of this as the coin-toss before kickoff. As soon as today's proceeding wraps up, we’ll post a full update with key dates and next steps. Thank you for your continued support!

10/09/2026

THE TRIALS ARE SET TO BEGIN

FIRST COURT DATE: 10/12/2026 at 1:30 PM — WAUKESHA COUNTY COURT

DONATE NOW TO SUPPORT THE NBCU!

The Milwaukee Rescue Mission is bankrolling a high-priced legal assault on New Berlin. Armed with a blank check of donor cash, they’ve retained powerhouse law firms—including Dalton & Tomich, PLC (Detroit, MI), and Reinhart Boerner Van Deuren s.c. (Milwaukee, WI)—to bulldoze local laws, bypass municipal oversight, and steamroll the rights of New Berlin residents.

Hiding behind a facade of goodwill, the Milwaukee Rescue Mission is waging a campaign against the residents of New Berlin. Despite repeatedly breaking its promises to be a "good neighbor," the Mission continues to manipulate public perception and push a false narrative—even as its real-world actions tell a starkly different story:

● COERCION: Misclassifying a major drug and alcohol treatment facility as a “church” for
a false zoning permit.

● COLLUSION: Working with the city in secret meetings to use religion to bypass municipal ordinances.

● DECEPTION: Concealing true community impacts that force reliance on Marquette Campus Police for public safety.

● CONCEALMENT: Hiding the project from the public and donors to dodge scrutiny and fast-track development.

● THREATENING: Using an out-of-state attorney to quash residents' appeals without any legal basis.

● DEFAMATION: Falsely accusing residents of “harassment” to cause prejudice.

This would be one of the largest standalone addiction centers in the state—a scale New Berlin’s stretched municipal resources cannot handle. This was never a genuine mission; it was manufactured to turn a $14 million profit for Three Leaf co-founder and MRM Board member Matt Burow after a failed hotel idea.

Every donation counts. We have an incredible grassroots lawyer charging modest fees,
partnering with dedicated NBCU members and our Board of Directors to secure victory.

"Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning."

— Winston Churchill

09/24/2026

LEGAL UPDATE: NEW BERLIN CITIZENS UNITED, U.A.

Key Upcoming Court Dates:

● Writ of Certiorari Scheduling Conference: October 12, 2026 at 1:30 PM

● Writ of Mandamus Motion Hearing: October 21, 2026 at 1:30 PM (Motions to Dismiss& Objection)

1. Writ of Mandamus: Demanding Full Public Transparency

The public has an absolute right to understand how communications between developers, city officials, and city attorneys led to classifying a large-scale, residential drug-rehabilitation facility under the zoning definition of a simple "church."

To ensure full transparency regarding this land-use decision, New Berlin Citizens United (NBCU) filed a Writ of Mandamus requesting that the Honorable Judge Zachary Wittchow conduct an in-camera judicial review of the complete, unredacted record involving Three Leaf Partners and the Milwaukee Rescue Mission.

The City's Motion to Dismiss:

The City of New Berlin filed a motion to dismiss our petition, arguing that NBCU lacks legal “standing" to demand these records and claiming "attorney-client" privilege exempts them from disclosing additional materials to the public.

NBCU's Formal Objection:

Represented by attorney Joe Cincotta, NBCU filed an objection citing key statutes and case law showing that the full record must undergo judicial review. The City’s position directly conflicts with Wisconsin’s foundational policy on government openness (Wis. Stat. § 19.81(1)):

"In recognition of the fact that a representative government of the American type is dependent
upon an informed electorate, it is declared to be the policy of this state that the public is entitled to the fullest and most complete information regarding the affairs of government as is compatible with the conduct of governmental business."

2. Writ of Certiorari: Challenging the Land-Use Designation

NBCU has appealed the New Berlin Board of Appeals' failure to overturn the Planning Commission's December 8th approval. That approval allowed a 57,000-square-foot residential drug-rehabilitation facility to be categorized as a "church” and granting it regulatory exemptions based on its “faith-based” programming.

Intervening Parties:

The Milwaukee Rescue Mission has formally intervened in the appeal. They are represented by Reinhart Boerner Van Deuren s.c.—one of the city's largest law firms, located at 1000 North Water Street—which notably also represents developer Three Leaf Partners.

How You Can Support:

We deeply appreciate the community's ongoing support as we work to safeguard the safety, security, and prosperity of New Berlin residents.

https://www.newberlincu.com/mrm-nb/attorney-donating

All contributions are strictly dedicated to:

● Funding legal representation and legal filings

● Producing and distributing public informational materials for donations specifically addressing this proposed residential-treatment facility

09/02/2026

👏👏👏

08/28/2026

We want to clarify our statement as the previous one seems to be misconstrued.

***DISCLAIMER***

Our organization holds the United States Constitution and the rule of law paramount. Consequently, we defend Mayor Dave Ament’s First Amendment right to free speech. Although his comments may be deemed offensive and disparaging, they remain legally protected from prosecution under the constitutional framework that secures liberty for all Americans.

***OUR POSITION***

Protecting the safety, security, and prosperity of New Berlin's residents is our core responsibility. Disagreements over social media content—or the right to publish it—do not justify actions that bring negative attention to our community. Doing so is irresponsible and undermines effective leadership.

For months, New Berlin Citizens United has challenged Mayor Ament’s conduct, specifically criticizing his practice of concealing major developments from the public. In a memo to the Common Council, Mayor Ament stated that because the project required no discretionary determination, a public informational meeting was unnecessary and "would give the public the false impression that this project could be terminated when it cannot." By blocking public input, the Mayor effectively claims that residents have no First Amendment right to redress governmental action, nor a right to due process as appellants. Furthermore, this directive violates Wisconsin’s Open Meetings Law (Wis. Stat. § 19.81), which mandates public access to government decision-making.

(1) In recognition of the fact that a representative government of the American type is dependent upon an informed electorate, it is declared to be the policy of this state that the public is entitled to the fullest and most complete information regarding the affairs of government as is compatible with the conduct of governmental business.

While the Mayor has First Amendment rights, supporting the statement, 'Maybe it’s a good time for some unhappy people to move,' clearly shows his negative attitude toward residents. Combined with his silence on community safety concerns, this poor communication means the NBCU cannot endorse his continued leadership.

NBCU remains independently focused on the zoning issue currently before the Waukesha County Circuit Court. We urge our supporters to demand government transparency, robust public participation, and responsible city management. Furthermore, we support the resignation or removal of Mayor Dave Ament from office.

Recall New Berlin

08/21/2026

If there was money for expensive projects, there should have been a plan for the city’s emergency services needs FIRST.
https://newberlintaxpayers.org/2026/08/20/new-berlin-mayor-overspends-30-million-on-community-centers-and-now-wants-referendum-to-raise-taxes-again/?fbclid=IwdGRjcAT0sSJjbGNrBPSxH3Bkb2YFZXh0bgNhZW0CMTEAc3J0YwZhcHBfaWQMMzUwNjg1NTMxNzI4AAEeF938JUL2GssenKhCvb-e5LNCOFqOo4V8gB5wXp11GmzjlzMiX6EORDnSfMA_aem_HChjTy_3rDPjFLmp0-fSug

New Berlin homeowners received an unpleasant Christmas gift from New Berlin Mayor Dave Ament and the city council last December with many taxpayers receiving steep property tax increases on their 2…