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Monday, May 12, 2025

Brothers bar owners file lawsuit against UW System

The owners of Brothers Bar and Grill, Marc and Eric Fortney, filed a lawsuit against the UW System Board of Regents Tuesday over disagreements regarding the UW System's plans to purchase the land on which the bar is located.

The UW System plans to purchase the land to construct a new music and performance facility as a part of the UW-Madison Campus Master Plan, which provides an outline for the future layout of the campus.

According to a UW System statement, the Board of Regents is exercising its right to eminent domain by purchasing the property.

The right to eminent domain allows government entities to purchase property even if it is against the will of the landowner.

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The Fortneys say although they understand that the UW System has the right to obtain the property, they feel the process has not been conducted fairly and that the timeline for the project lacks any definite plans, according to a statement from the Wood Communications Group, a public relations company in Madison that is representing the Fortneys. 

The statement also said the Fortneys have accepted the price offered by the Board of Regents in case their lawsuit is unsuccessful. 

Ald. Bryon Eagon, District 8, said since the owners of Brothers have been forced to move, the city of Madison will allow them to relocate to wherever they want and they will be exempt from laws limiting the number of bars in certain campus and downtown areas.

Mike Wittenwyler from the Madison office of the Godfrey & Kahn law firm is representing the Fortneys in the case, according to the statement.

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