Property – takings — highway access

By: WISCONSIN LAW JOURNAL STAFF//May 23, 2013//

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Wisconsin Court of Appeals

Civil

Property – takings — highway access

The Department of Transportation (DOT) appeals a judgment entered in favor of Erdman for the amount of damages he sustained as result of a road improvement project by the DOT that reduced his access between his parcel of property and a state highway. The judgment was entered subsequent to an order of summary judgment by the circuit court on the issue of whether a compensable taking occurred as a result of the improvement project. The DOT argues that the circuit court erred in granting summary judgment to Erdman on that issue. We agree and therefore reverse the judgment and order of summary judgment. Not recommended for publication in the official reports.

2012AP727 Erdman v. State of Wisconsin Department of Transportation

Dist IV, Jefferson County, Hue, J., Sherman, J.

Attorneys: For Appellant: Beachy, Sara K., Madison; For Respondent: Marcuvitz, Alan, Milwaukee; Sager, Susan M., Milwaukee

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