Wisconsin Inverse Condemnation Law
Jacob Lewis v. Epic Systems Corporation
Epic Systems, a health care software<br> company, required certain groups of employees to agree to<br> bring any wage-and-hour claims against the company only<br> through individual arbitration. The agreement did not permit<br> * Of the Northern District of Illinois, sitting by designation. <br> 2 No. 15-2997<br> collective arbitration or collective action in any other forum.<br> We conclude that... More...
$0 (05-27-2016 - WI)Hoffer Properties, LLC v. State of Wisconsin
This is a review of an unpublished decision of the court of appeals affirming a grant <br> of partial summary judgment to the Department of Transportation <br> (DOT).1 Pursuant to Wis. Stat. § 84.25 (2007-08),2 DOT eliminated <br> Hoffer Properties, LLC's (Hoffer's) direct driveway connections <br> to State Trunk Highway 19 (STH 19), a controlled-access highway. <br> DOT also separately exercised... More...
$0 (02-04-2016 - WI)Marilyn Rae Baskin v. Penny Bogan
Indiana and Wisconsin are among the shrinking majority of states that do not recognize the va-lidity of same-sex marriages, whether contracted in these states or in states (or foreign countries) where they are law-ful. The states have appealed from district court decisions invalidating the states' laws that ordain such refusal.<br> Formally these cases are about discrimination against the small ho... More...
$0 (09-04-2014 - WI)Wade Berger v. Town of Denmark
¶1 CANE, J. Wade and Ilona Berger appeal an order dismissing their action challenging the Town of New Denmark's determination that their two parcels are of insufficient acreage for development. They assert that the parcels are of sufficient size when property underlying a county highway abutting their land is included in the acreage calculation. Further, they argue that the circuit cou... More...
$0 (01-10-2012 - WI)Edith Milstone v. City of Monore, Wisconsin
Edith Milestone was banned from entering the Senior Center in the City of Monroe, Wisconsin, because she repeatedly violated the Center's Code of Conduct. She sued the City under 42 U.S.C. § 1983 claiming that the expulsion violated her free-speech and due-process rights and that the Code is facially unconstitutional. A magistrate judge granted summary judgment for the City. The judge held that... More...
$0 (11-21-2011 - WI)David Affeldt v. Green Lake County
This is a review of an unpublished decision of the court of appeals, Affeldt v. Green Lake County, No. 2009AP2315, unpublished slip op. (Wis. Ct. App. July 28, 2010), that affirmed an order of the Green Lake County Circuit Court[1] granting summary judgment in favor of Green Lake County (the County). <br><br>¶2 David Affeldt, Joyce Affeldt, and W. Alan Affeldt (the Affeldts) objected to the Cou... More...
$0 (07-06-2011 - WI)Samuel C. Johnson 1988 Trust v. Bayfield County, Wisconsin
The plaintiffs are landowners in Bayfield County, a rural county at the northern tip of Wisconsin. They brought this suit to quiet title to their property, over which the County claims a right derived from federal law to build snowmobile trails; the plaintiffs contest the County's claim. The district court granted summary judgment in favor of the plaintiffs. We reversed, 520 F.3d 822 (7th Cir. 200... More...
$0 (06-17-2011 - WI)Robert E. Brenner v. City of New Richmond
Robert Brenner, Steven and Cristy Wickenhauser, and Allan and Susan Seidling (collectively, the Landowners) appeal an order dismissing their Wis. Stat. § 32.10 petition for inverse condemnation proceedings.[1] The Landowners argue the circuit court applied the wrong legal standard when it concluded that there was no taking because the Landowners were not deprived of all or practically all ben... More...
$0 (05-10-2011 - WI)Scott N. Waller v. American Transmission Co., LLC
Scott and Lynnea Waller had part of their property taken by American Transmission Co. (ATC) to allow ATC to construct a high voltage transmission line. The Wallers filed an action under Wis. Stat. § 32.06(5) (2009-10)[1] contesting the partial taking, alleging that their property after the taking was an "uneconomic remnant†as defined in § 32.06(3m).<br><br>¶2 This appeal addr... More...
$0 (05-25-2011 - WI)Dahir Lands, LLC v. American Transmission Company, L.L.C.
¶1 BLANCHARD, J. This case raises the question of the procedural steps that clerks of circuit courts are required to take in order to trigger the deadline for a landowner to appeal a just compensation award issued by a condemnation commission. The narrow issue presented is whether a clerk of circuit court needs to comply strictly with the notice requirements in Wis. Stat. § 32.06(8)... More...
$0 (11-11-2010 - WI)Town of Perry v. DSG Evergreen Family Ltd. Partnership
DSG Evergreen Family Limited Partnership appeals a circuit court order assigning the Town of Perry's condemnation petition to the county condemnation commission. The primary issue is whether the Town violated the negotiation requirement in WIS. STAT. § 32.06(2a),1 causing a "fundamental†defect in the condemnation proceedings. DSG argues that such a defect arose because, after the time fo... More...
$0 (04-23-2009 - WI)Daniel Buckett v. Glenn Jante and Elsie Jante
¶1 BROWN, C.J. Daniel Buckett paid the property taxes on a portion of his neighbors' property for over twenty-five years, but neither he nor his neighbors, Glenn and Elsie Jante, knew it. It was not until the Wisconsin Department of Transportation condemned the parcel and paid the Jantes $63,000 that both parties found out. Buckett wanted to be paid back, so he sued, inter alia, for a portion of ... More...
$0 (03-04-2009 - WI)Wisconsin Mall Properties, LLC v. City of Green Bay and City of Green Bay Redevelopment Authority
¶1 In 2003, the City of Green Bay condemned a department store in downtown Green Bay. The store was owned by Wisconsin Mall Properties, LLC and leased to Saks, Inc. Saks and the City claimed the condemnation extinguished Saks' obligations under the lease. A prior appeal in this case established that Saks' obligations under the lease continued, despite the condemnation. On remand, the circuit cour... More...
$0 (03-24-2009 - WI)LOUISMARINO, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOELMARINO, AND SETH NICHOLSON, v. CITY OFMADISON
This action arises out of a dispute over a twelvefoot- wide strip of land between the east side of West Shore Drive and Monona Bay in Madison, Wisconsin. The owners of two residential lots abutting the west side of West Shore Drive claim title to this land as does the City of Madison. The circuit court concluded that the City of Madison held title to this land, in trust for the public, and could t... More...
$0 (01-29-2009 - WI)Samuel C. Johnson 1988 Trust, et al. b. Bayfield County, Wisconsin
At issue in this lawsuit are Bayfield County's ("the County") ongoing efforts to convert unused railway lines in the County into snowmobile trails. As the legal basis for its plans, the County alleges that the United States retains a reversionary interest in these railroad right-of-ways and that Congress has established that, pursuant to this reversionary interest, if the railway lines are ... More...
$0 (04-02-2008 - WI)A&A Enterprises v. City of Milwaukee
1 A&A Enterprises (A&A) appeals from an order denying its motion for a permanent injunction and dismissing its complaint. Following a bench trial, the trial court concluded that the City of Milwaukee's (the City) February 2, 2005 order directing A&A to repair its building at 2436 West Kilbourn Avenue or have it razed within sixty days was reasonable; and that there was no basis for the tri... More...
$0 (02-20-2008 - WI)<a href="http://www.ca7.uscourts.gov/tmp/L00EHD8P.pdf" target="_New">Linda T. and Gene A., as parents of, and on behalf of their minor son, William A. v. Rice Lake Area School District</a>
<P>In this case we review the denial of a claim for attorneys' fees under the Individuals With Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400 et seq. The district court denied the claim because although Linda T. and Gene A., parents of William A., prevailed in part in a state administrative agency hearing challenging <P>2 No. 04-3731 certain aspects of William's educational progra... More...
$0 (08-05-2005 - WI)<a href="http://www.wicourts.gov/html/ca/02/02-1685.htm" target="_new=">Lesaffre Yeast Corp. v. Milwaukee Metropolitan Sewerage</a>
<P>Lesaffre Yeast Corporation appeals from a summary judgment granted in favor of the Milwaukee Metropolitan Sewerage District (MMSD), dismissing its complaint against MMSD alleging inverse condemnation and nuisance. Lesaffre claims the trial court erred in granting summary judgment because it applied the wrong legal standards to reach its conclusion that MMSD was entitled to judgment as a matter ... More...
$0 (03-04-2003 - WI)