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Property – takings — damage to vegetation — access

By: WISCONSIN LAW JOURNAL STAFF//April 19, 2012//

Property – takings — damage to vegetation — access

By: WISCONSIN LAW JOURNAL STAFF//April 19, 2012//

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Wisconsin Court of Appeals

Civil

Property – takings — damage to vegetation — access

Luke Thompson, pro se on appeal and pro se at times before the circuit court, appeals a circuit court judgment that dismissed his complaint against the Town of Brooklyn and awarded the Town $10,000 in attorney’s fees as a sanction against Thompson for maintaining frivolous claims.

Thompson’s complaint arose from a road improvement project by the Town that Thompson claimed resulted in reduced access between the improved road and at least portions of his parcel of property.

Thompson advances numerous arguments, chief among them that the circuit court erred in: (1) granting summary judgment to the Town on his claims that the project’s effects on access to his property constituted a compensable taking, and (2) imposing the $10,000 sanction for maintaining those claims. We reject all of Thompson’s arguments, except his challenge to the sanction. We conclude that Thompson’s claims were not frivolous based on the relevant legal precedents. We therefore affirm the part of the judgment dismissing Thompson’s complaint but reverse the part imposing the sanction. Accordingly, we remand for the court to enter an amended judgment without the sanction.

In addition, the Town moves this court for sanctions against Thompson for maintaining a frivolous appeal. We deny the motion because we conclude that Thompson’s appeal is not frivolous. Not recommended for publication in the official reports.

2011AP210 Thompson v. Town of Brooklyn

Dist IV, Green County, Eich, J., Blanchard, J.

Attorneys: For Appellant: Thompson, Luke P., pro se; For Respondent: Hazelbaker, Mark, Madison; Johnson, Kevin M.C., Madison

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