Municipalities — raze orders

Wisconsin Court of Appeals

Civil

Municipalities — raze orders

The City of Beloit appeals an order permanently enjoining it from enforcing a condemnation order issued June 2, 2011, against property owned by Iyad Nabham at 609 Portland Avenue, Beloit. The circuit court concluded that the code violations cited by the City and the assessed value of the property were pretextual so that the City could eliminate the property under Wis. Stat. § 66.0413(1)(b)1. (2011-12), without having to compensate Nabham. The City argues that the circuit court’s conclusion is not based on the evidence or proper considerations. We conclude that the circuit court’s findings are based on a credibility assessment and those findings support a determination that the condemnation order was unreasonable. We affirm the injunction order. This opinion will not be published.

2012AP1997 Nabham v. City of Beloit

Dist IV, Rock County, McCrory, J., Per Curiam

Attorneys: For Appellant: Joos, Melissa Brooke, Beloit; For Respondent: Koepke, James J., Beloit; Kimes, Rodney W., Beloit