2009AP2537 Kalscheuer v. Wisconsin Department of Transportation

By: WISCONSIN LAW JOURNAL STAFF//September 16, 2010//

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Property
Eminent domain; fair market value

This is an eminent domain case in which Donald Kalscheur and Joan Kalscheur appeal from the order of the circuit court that dismissed their complaint challenging the valuation of their property. The Kalscheurs argue that the circuit court erred because: (1) the court valued the property on the date of purchase rather than the date of taking; (2) the court did not consider adjustments to the value of the property; (3) the court improperly rejected the “highest and best use” valuation of the property because it concluded that the Kalscheurs did not want to develop multi-family buildings on the property; and (4) the court did not use the proper statutory method for valuing the property. This opinion will not be published.

2009AP2537 Kalscheuer v. Wisconsin Department of Transportation

Dist IV, Dane County, Ebert, J., Per Curiam

Attorneys: For Appellant: Kassner, John A., III, Madison; For Respondent: Gibson, Charlotte, Madison

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