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Inverse Condemnation

By: Derek Hawkins//April 23, 2019//

Inverse Condemnation

By: Derek Hawkins//April 23, 2019//

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WI Court of Appeals – District II

Case Name: Leith Holdings, LLC, v. Wisconsin Power and Light Company

Case No.: 2017AP1740

Officials: Reilly, P.J., Gundrum and Hagedorn, JJ.

Focus: Inverse Condemnation

Leith Holdings, LLC appeals from a circuit court order granting summary judgment to Wisconsin Power & Light Company (WP&L). Leith claimed that WP&L inversely condemned its property by placing utility infrastructure (electric transformers and power lines) on what Leith claimed were private roads on its property. We agree with the circuit court that WP&L’s utility infrastructure was placed on public roads as shown in an 1894 recorded plat because that plat made a statutory dedication to the public of the roads at issue. We affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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