Please ensure Javascript is enabled for purposes of website accessibility

Mount Pleasant asks judge to dismiss Foxconn eminent-domain lawsuit

By: Alex Zank//January 26, 2018//

Mount Pleasant asks judge to dismiss Foxconn eminent-domain lawsuit

By: Alex Zank//January 26, 2018//

Listen to this article

Mount Pleasant officials have asked a judge to throw out a lawsuit filed by property owners who allege the village, in taking their land through eminent domain for work related to the Foxconn project, is violating their constitutional rights.

Seven village residents whose properties are being acquired to make way for planned road improvements filed a lawsuit early January in the U.S. District Court for Eastern Wisconsin against both Mount Pleasant and its president, Dave DeGroot. The plaintiffs allege violation of their rights to equal protection, private property and due process.

Earlier this week, the village asked the case be dismissed, citing numerous reasons: Plaintiffs have not exhausted their state court remedies; their complaint fails to state a claim upon which relief can be granted; they have failed to name necessary parties; and DeGroot is immune as a matter of law.

As part of a development agreement with Foxconn, village officials plan to acquire 2,900 acres of local land bordered by Interstate 94, Highway 11, 90th Street and Highway KR in Racine County. Part of the land will be sold to the company, which plans to build a 20 million-square-foot factory where LCD screens will be made for electronic devices.

The rest of the land will be held by the village for future Foxconn developments, or acquired, through the use of eminent domain, for the purpose of road and utility improvements.

Plaintiffs argue their land is not being taken for a public purpose, since the road improvements their land is being acquired to make way for would not happen if it weren’t for the $10 billion Foxconn project.

“We don’t believe there is any merit to this lawsuit, and we will provide an appropriate response through the legal system,” Alan Marcuvitz, a von Briesen & Roper attorney representing Mount Pleasant, said in a statement from earlier this month. “The village will continue to move forward with public infrastructure work and property acquisitions for the Foxconn project.”

Polls

Should Wisconsin Supreme Court rules be amended so attorneys can't appeal license revocation after 5 years?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests