Eminent Domain

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WI Court of Appeals – District II

Case Name: Jon Haas v. The City of Oconomowoc

Case No.: 2015AP1560; 2015AP1956

Officials: Neubauer, C.J., Gundrum and Hagedorn, JJ.

Focus: Eminent Domain

Jon Haas and Kenneth Herro (appellants) appeal from an order dismissing their complaint against the City of Oconomowoc (City) for just compensation for their property (the property) which was taken by eminent domain and also appeal from an order denying their motion for reconsideration.  Appellants argue the circuit court erred when it dismissed the action on the basis the City’s community development authority (CDA) was the condemnor of the property and appellants “should have … named” it as a defendant. Asserting the doctrine of apparent authority applies in this case, appellants contend the City, not the CDA, condemned the property by performing all the necessary steps for condemnation either directly or through the CDA acting as the City’s agent. The City counters that the CDA was the condemnor of the property and the court lacked personal jurisdiction over the CDA because appellants did not name it as the defendant. We agree with appellants that the City, not the CDA, condemned the property; thus appellants properly named the City as the condemnor-defendant, and the circuit court erred in dismissing this action. In response to the City’s assertion that the court lacked personal jurisdiction over the CDA, we also point out that appellants have never named, sought redress from, or advocated for jurisdiction over the CDA, and thus the City’s contention the court lacked jurisdiction over the CDA goes nowhere. We reverse and remand for further proceedings.

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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.