03-1732 & 03-2127 Pinczkowski v. Milwaukee County

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“Given the longstanding and well-established precedent, we see no need to look to foreign law as the facts here fall squarely within the rule and do not permit a different result. The sales of the adjacent properties were accomplished as part of the airport expansion and the sellers were well aware of the County’s intentions to eventually acquire their land for this purpose.”

“Thus, we agree and adopt the trial court’s conclusion that the purchases of the adjacent properties were inadmissible: The Court finds that the purchases by Milwaukee County were not arms-length transactions. Although Plaintiffs argue (and Defendant concedes) that the purchases were ‘voluntary’ transactions, the Court disagrees. Milwaukee County, as an authority in general and specifically, a condemning authority, approached the owners of the property to purchase their land. The Court questions whether the owners of the other property were actually unaware of the airport expansion project and the fact that Milwaukee County was purchasing their property for that project. That awareness alone and the general awareness of the public regarding the expansion project may preclude the sale of the property to other buyers. An owner in that situation may certainly have felt compelled to accept an offer from the County on the assumption that: (1) they would get no other offers because the public is aware that the expansion is to take place; and (2) that the County would eventually take their property if they did not sell it to them. This is exactly the evidence that was meant to be precluded, as it is not indicative of fair market value of the property. Even without the knowledge that their property was being acquired for the expansion, the Court finds the evidence of those sales inadmissible as they were in fact made in furtherance of the expansion project and as such were part of a negotiation process that would have culminated in condemnation if the owners had not decided to sell. For all practical purposes, that property was taken under threat of condemnation as the County had the power to take the property by eminent domain. As such, the Court finds that the purchases by Milwaukee County of land adjacent to Plaintiffs’ property for the airport expansion project were not arms[-]length transactions.”

Dist I, Milwaukee County, Guolee, J., Curley, J.

Attorneys:

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

For Respondent: Allen A. Arntsen, Madison; Timothy R. Karaskiewicz, Milwaukee