Brown Deer property dispute goes to trial

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Milwaukee County Circuit Court Judge Rick Sankovitz will hear arguments Monday on whether the village of Brown Deer should be compelled to use eminent domain in a land dispute with 12 property owners.

Brown Deer and the residents stumbled into the dispute last year while the village was planning a $2.3 million streetscape project. Brown Deer wants to install new sewer pipes, reconstruct roads and curbs, and add sidewalks and decorative elements, such as signs and brickwork, to a section of the village. The village ran into trouble when it learned the roads in that section, a triangle bordered by Brown Deer and Green Bay roads and a Canadian National Railway railroad, technically were part of 51 privately owned parcels.

Of the 51 property owners, 39 took the money the village offered to buy the rights of way it needed. Twelve have held out with the argument that Brown Deer should use eminent domain, which likely would put more money in the property owners’ pockets. They sued last December.

The village is asking Sankovitz to agree that Brown Deer technically owns the streets already, since the public has used them and the village has maintained them, and shouldn’t have to pay the property owners anything.

The trial could continue through Dec. 20. The case is due in court Monday, and appearances on Tuesday through Thursday are scheduled for 9 a.m.