By: Rick Benedict//September 2, 2015//
Civil
WI Court of Appeals – District II
Officials: Neubauer, C.J., Reilly, P.J. and Brennan, J.
Summary Judgment – DOT – Administrative Remedies
2014AP2304 Chan Lee v. DOT
This case arises from a dispute over the planned removal of a driveway connecting a highway and commercial property in the city of Waukesha. The Wisconsin Department of Transportation (DOT) appeals a grant of summary judgment in favor of Chan Lee and C. Lee Development, LLC (collectively, Lee). The DOT contends that summary judgment should have been granted in its favor instead because (1) Lee failed to exhaust his administrative remedies before filing suit; and (2) the driveway at issue is not an irrevocable compensable property right but rather a temporary connection subject to permitting and revocation by the DOT. We reject the DOT’s arguments and affirm.
Decision
Affirmed. Per Curiam