By: WISCONSIN LAW JOURNAL STAFF//December 6, 2012//
Wisconsin Court of Appeals
Civil
Constitutional Law – takings — damages
This is a non-transportation, partial taking case. The Town of Perry acquired 12.13 acres of a 92-acre parcel owned by DSG Evergreen Family Limited Partnership, resulting in a jury trial on the question of just compensation as measured by the difference between: (1) the fair market value of DSG’s 92 acres immediately before the partial taking, and (2) the fair market value of its remaining property immediately after the taking. The jury found the difference to be $312,500, which is more than four times the award of $73,500 made by the Dane County Condemnation Commission and more than two-and-a-half times the Town’s jurisdictional offer of $117,500. In addition, pursuant to Wis. Stat. § 32.28(3)(g) (2009-10), the circuit court awarded DSG, as the prevailing party, litigation expenses totaling $277,411.83, including $190,400 for attorneys’ fees. The Town appeals the resulting judgment and raises or purports to raise eight issues, which we summarize in our discussion below. We conclude that, to the extent that the Town has presented developed arguments on the eight issues, each such argument is without merit. We therefore affirm. Not recommended for publication in the official reports.
2011AP492 DSG Evergreen Family Limited Partnership v. Town of Perry
Dist IV, Dane County, Colas, J., Blanchard, J.
Attorneys: For Appellant: Reynolds, Glenn C., Madison; Steichen, Mark J., Madison; Paulson, Rebecca, Madison; For Respondent: Kassner, John A., III, Madison; Morgan, Stephen L., Madison; Fleming, Matthew, Madison