2010AP972 Van Stelle v. Wisconsin Department of Transportation, et al.

By: WISCONSIN LAW JOURNAL STAFF//November 24, 2010//

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Property
Eminent domain; public use

The Van Stelles and the Schnells challenge the Wisconsin Department of Transportation’s condemnation of their land for highway exit and entrance ramps. They assert that the condemnation violates the constitutional “public use” requirement because the proposed ramps will rarely be open for public use. They also argue that summary judgment was improper because a factual issue remains about the genuineness of DOT’s stated reason for the condemnation. We reject these arguments and affirm. Not recommended for publication in the official reports.

2010AP972 Van Stelle v. Wisconsin Department of Transportation, et al.

Dist III, Sheboygan County, Akkeren, J., Lundsten, J.

Attorneys: For Appellant: Marcuvitz, Alan, Milwaukee; Roschke, Andrea H., Milwaukee; For Respondent: McCambridge, James E., Madison; Batha, Kathleen Marie, Madison

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