2010AP342 Brenner, et al. v. City of New Richmond, et al.

By: WISCONSIN LAW JOURNAL STAFF//May 10, 2011//

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Constitutional Law
Takings; avigation easements

Robert Brenner, Steven and Cristy Wickenhauser, and Allan and Susan Seidling (collectively, the Landowners) appeal an order dismissing their Wis. Stat. § 32.10 petition for inverse condemnation proceedings. The Landowners argue the circuit court applied the wrong legal standard when it concluded that there was no taking because the Landowners were not deprived of all or practically all beneficial use of their property. We agree. That standard for regulatory takings does not apply to physical occupation cases. We therefore reverse the order and remand for further proceedings. This opinion will not be published.

2010AP342 Brenner, et al. v. City of New Richmond, et al.

Dist III, St. Croix County, Cameron, J., Per Curiam

Attorneys: For Appellant: Krass, Phillip R., Minneapolis, MN; For Respondent: Southwick, Benjamin, Richland Center

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