Developers for the Edgewater Hotel won a court battle Thursday as the Wisconsin Court of Appeals reaffirmed the Madison City Council's decision to allow the estimated $98 million project to proceed.
The court said in its decision that it does not "second guess" credibility determinations made by a local government entity like the council and that courts are "not empowered to question the wisdom of decisions like the one made by the council here."
Fred Mohs and Eugene Devitt, the two property owners near the hotel who've fought against the redevelopment plan, and additional appellants Wisconsin Ave. House LLC and 122 East Gilman LLP, had initially challenged the council's action in Dane County Circuit Court.
When the circuit court affirmed the council, the case was taken to the appeals court.
The council granted a certificate of appropriateness to developer Landmark X LLC, a move that was necessary since the hotel is in one of the city's historic districts, after the city's Landmarks Commission denied the certificate.
The plaintiffs could take the case to the Wisconsin Supreme Court.