01-1913 Dotty Dumpling's Dowry, Ltd. v. Community Development Authority of the City of Madison

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“Given the limits specified by the legislature for the various relocation assistance benefit payments authorized by Wis. Stat. § 32.19, we agree with the trial court’s conclusion that ‘[t]he law does not impose any … open-ended obligation upon a condemnor’ to provide business relocation payments regardless of the cost to the condemnor. The obligation of the condemning agency under § 32.19 is to assist in the procurement and acquisition of replacement property, not to make a displaced business financially whole regardless of the cost to the condemning agency. In short, Dotty’s interpretation would render meaningless the subsections of § 32.19 which place upper limits on relocation assistance payments, and it is thus an interpretation we cannot adopt.”

Order granting the Authority a writ of assistance to remove plaintiff from the condemned premises is affirmed.

Recommended for publication in the official reports.

Dist IV, Dane County, Flanagan, J., Deininger, J.

Attorneys:

For Appellant: Robert L. Gordon, Milwaukee; Alan Marcuvitz, Milwaukee; Andrea H. Roschke, Milwaukee

For Respondent: Benjamin Southwick, Richland Center