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Burger King Sues City for Menards Decision

The fast food joint claims the city’s decision was favored toward Menards and detrimental to the survival of the business.

After at the end of 2011, the home improvement store’s eastern neighbor, , has sued the city.

According to , Burger King alleges that the city gave “custom” approvals to Menards that wouldn’t have been available to all and the resulting new superstore would be detrimental to the business.

at a Dec. 13, 2011 Richfield City Council public hearing to approve the store plat—which immediately followed the approval of a conditional use permit. Reps also presented a proposal to move the restaurant to the northwest corner of the property. However, that it had attempted to strike that very deal with the restaurant, but it fell through for financial reasons and plans moved ahead.

Burger King reps threatened legal action if the measures were passed that December night, however, it was a little too late as far as the council was concerned. The final plat approval was passed unanimously.

Currently, Stark said that the mediation process is underway, but felt the city would come out on top.

“We all feel pretty good about our chances in the lawsuit, but we’ll see what happens,” Stark said. “We took photos. You couldn’t see the restaurant before [from Nicollet Avenue], and you won’t see it after. No change.”

Richfield Patch will update readers as more information becomes available.

Other articles on this development:

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David Haines April 25, 2012 at 04:01 PM
Just in case you need another reason NOT to eat at Burger King...here you go!
ann delaney April 25, 2012 at 04:16 PM
From the way I understood it, Menard's was suppose to build the Burger King facility for them on the Menard's lot. Why should Menard's do anything like that. And now they are suing?
Caitlin Burgess (Editor) April 25, 2012 at 05:48 PM
Yes, according to Menards, when the company was in negotiations with Burger King initially, the restaurant wanted Menards to assume nearly all the costs to relocate and build a new building. Obviously, Menards didn't find this as a fair deal and economically it wasn't suitable. Menards originally went to Burger King with the proposition in order to comply with the zoning requirements, which required the site to be multi-use. When they couldn't strike a deal, the city felt Menards did all they could to comply with city requirements and granted the conditional use permit. When Burger King showed up at the last meeting, officials - namely Pat Elliott - were offended that they didn't attempt to do anything sooner. The mayor suggested they still try and come to some sort of agreement, but that apparently didn't happen. Should be interesting!
John April 25, 2012 at 07:20 PM
It was my understanding that Burger King did not attend most of the meetings. Then they show up at the Dec 13th hearing and threatened legal action. Let them stay where they are at. Then let another business occupy that northwest corner.
Caitlin Burgess (Editor) April 25, 2012 at 07:31 PM
Yes, John. Exactly. Here is the link to the story form that night with all the details on how it went down and the "he said, she said": http://patch.com/A-p07R
Caitlin Burgess (Editor) April 25, 2012 at 07:34 PM
I also updated the article body with links to the previous stories surrounding this development. You can see them above now.
Ramsey Boyd April 26, 2012 at 02:06 PM
I live in Richfield and have been following this story very closely. Menards is doing a great thing for our city and I feel as if Burger King is trying to get something for nothing. I think we should boycott Burger King for trying to hurt our city. I think what they hope for is that Menards will just hand them over a pile of cash... so they can just walk away from this resturant. Burger King is going down hill fast... Wont be long until this one is closed too...
doug April 29, 2012 at 04:04 PM
They should put the BK inside Menards!!!!
Caitlin Burgess (Editor) April 29, 2012 at 04:27 PM
That's funny. All problems would've been solved. Unfortunately, it's too late!
Mike E September 07, 2012 at 03:07 AM
Any insight in to Burger King closing?
Caitlin Burgess (Editor) September 12, 2012 at 06:30 PM
Hey there! I got no comment from owners, but here's the most recent story. Just posted: http://patch.com/A-xCT3
Dan Mc September 18, 2012 at 01:49 PM
I used to work for Menards & I think that eventually they will buy the property. The one driving force behind all business decisions is money. Eventually the property owners will realize that Menards is the only entity that will buy that property. If Menards can get a good deal on it (which eventually, they will) They'll probably put up some cold storage or lumber buildings there. Menards has demonstrated through their history that they don't mind stepping on people. That being said I still am in favor of the development because I like to shop there. I think the only hope for a restauraunt to open at the Burger king location is to market itself to the Menards Employees. Many menards store employees don't have cars or drivers licenses. Even those who do generally shop locally for food on their breaks.

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