01-1642 City of Milwaukee Post #2874, Veterans of Foreign Wars of the United States v. Redevelopment Authority of the City of Milwaukee, et al.

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The City of Milwaukee Post #2874, Veterans of Foreign Wars of the United States (VFW) appeals from an order granting summary judgment to the Redevelopment Authority of the City of Milwaukee (RACM), dismissing its challenge to the acquisition, by condemnation, of the VFW’s ninety-nine-year leasehold interest to 5,200 square feet of space in property located at 2601 West Wisconsin Avenue, Milwaukee, Wisconsin, pursuant to Wis. Stat. sec. 32.05(5).

The VFW claims the trial court erred when it granted summary judgment because: (1) RACM has not filed an adequate relocation plan as required by Wis. Stat. § 32.25(1); (2) RACM has not filed an adequate relocation assistance service plan and has not implemented that plan as required by § 32.25(2); (3) RACM should have been required to issue separate awards for the fee owner and the tenant (VFW), who had 160 years remaining on its lease; and (4) there are disputed issues of material fact, which preclude summary judgment.

Because the VFW has waived any challenge to whether the requirements of Wis. Stat. § 32.25(1) and (2) have been satisfied and, as a result, whether there are disputed material issues of fact is not properly before this court, we affirm.

This opinion will not be published.

Dist I, Milwaukee County, Haese, J., Per Curiam

Attorneys:

For Appellant: Hugh R. Braun, Milwaukee; Jeffrey J. Janik, Milwaukee

For Respondent: Charles P. Graupner, Milwaukee; Barbara K. Boxer, Milwaukee