The Village did not solicit Walmart to relocate into Brown Deer. Walmart purchased the property from Lowe’s. This was a private land transaction. The Village cannot regulate who purchases private land. The land was zoned for commercial use (as it was for Lowe’s and other previous businesses) therefore there was no legal reason to deny Walmart the same use. The Village can regulate building design, parking ratios, storm water management, and other codes which it did when Walmart sought to remodel the building/site.
As a part of the regulatory process Walmart agreed to repay a $1.7 million-dollar debt to the Village on behalf of Lowe’s, and guaranteed a minimum assessed value of $11 million in perpetuity for the site and improvements.