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Time-barred

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.

Focus: Time-barred

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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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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