After garnering considerable attention over their ongoing legal battle with the Board of Regents, the owners of Brothers Bar and Grill are hoping the new support will help them combat the university’s eminent domain claim on their property. .
The Board of Regents announced plans in 2008 to use eminent domain to condemn the property that includes the Fortney’s establishment at 704 University Ave. to make space for a proposed $43 million School of Music facility.
Following what the brothers described as negotiations not made in good faith, Marc and Eric Fortney filed suit last fall.
Marc Fortney said he and his brother hope to hold their ground when their lawsuit against the Board of Regents goes before a judge April 8 and 9. Until that time comes, he added, Brothers is looking to gain support from the community in its struggle to remain on University Avenue.
“We’re going to do whatever it takes to keep our business,” Marc Fortney said.
Described as a grassroots campaign, Fortney said he hopes to raise awareness of the establishment’s plight and focus on “getting the true word out.”
He added recent support has surfaced after the Fortneys appeared on Fox News’ Fox & Friends Wednesday.
On the program, the Fortneys discussed their position with regards to the university and Board of Regents.
After the city of Madison had assessed the property’s value at $682,000 and an independent appraiser had placed the value at $1.1 million, UW offered the Fortney brothers $2.1 million for the property in October 2009.
“We appear to be in agreement concerning what the property is actually worth,” UW System spokesperson David Giroux said. “What appears to be the bone of contention is how much it will cost, once we buy that property, to move their business.”
Giroux added the university has offered $150,000 for the business to relocate. However, the bar’s owners have publicly stated they need $1.3 million for investment and relocation costs.
On the program, the Fortneys said the university had changed its original position of paying for the business’ relocation upon realizing the cost would be greater than expected. The university opted to exercise its power of condemnation to save money, Marc Fortney said.
He added following the Fox News appearance, he received numerous messages from supporters of the establishment, including numerous UW alumni.
The Fortneys, UW alumni themselves, have owned the property occupied by Brothers since 2006 when the Wisconsin Alumni Research Foundation offered the previous owners $1.98 million for the property.
This prompted the Fortneys to make a counter offer, which the previous owners accepted.
“They’ve done a good job of stirring the pot,” Giroux said. “Unfortunately, a lot of that’s been based on glossing over specifics of the case.”
He specifically cited the September 2005 announcement by the Board of Regents that the property was to be demolished as part of the university’s master plan.
Marc Fortney said he and his brother will continue to seek support from the community in the months before the trial.
“We love this city and this university,” Fortney said. “We’re going to do what’s necessary.”
