WI Court of Appeals – District II
Case Name: Southport Commons, LLC, v. Wisconsin Department of Transportation
Case No.: 2019AP130
Officials: Neubauer, C.J., Gundrum and Davis, JJ.
Southport Commons, LLC appeals the circuit court’s order granting the Wisconsin Department of Transportation’s motion for judgment on the pleadings. Southport contends the court erred in ruling that its action is barred because it filed its claim for inverse condemnation more than three years after the damage at issue occurred to its property. Southport argues that statutory language indicating its claim against DOT needed to be filed “within 3 years after the alleged damage occurred,” WIS. STAT. § 88.87(2)(c) (2017-18) (emphasis added), really means the claim needed to be filed within three years after the alleged damage was discovered. Because we conclude the statute means what it says, we affirm.
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