Summary Judgment – DOT – Administrative Remedies

By: Rick Benedict//September 2, 2015//

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Civil

WI Court of Appeals – District II

Officials: Neubauer, C.J., Reilly, P.J. and Brennan, J.

Summary Judgment – DOT – Administrative Remedies

2014AP2304 Chan Lee v. DOT

This case arises from a dispute over the planned removal of a driveway connecting a highway and commercial property in the city of Waukesha. The Wisconsin Department of Transportation (DOT) appeals a grant of summary judgment in favor of Chan Lee and C. Lee Development, LLC (collectively, Lee). The DOT contends that summary judgment should have been granted in its favor instead because (1) Lee failed to exhaust his administrative remedies before filing suit; and (2) the driveway at issue is not an irrevocable compensable property right but rather a temporary connection subject to permitting and revocation by the DOT. We reject the DOT’s arguments and affirm.

Decision

Affirmed. Per Curiam

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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