Condemned Property

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WI Court of Appeals – District III

Case Name: Kenneth J. Stankowski v. City of Wausau

Case No.: 2022AP001457

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Condemned Property

This appeal involves the amount of just compensation that Kenneth and Doreen Stankowski were entitled to receive following a taking of their property by the City of Wausau. A jury determined that the fair market value of the condemned property—a rooming house—was less than the City’s jurisdictional offer. However, the jury found in the Stankowskis’ favor regarding the value of a remnant parcel that remained following the initial taking. The Stankowskis now appeal, seeking a new trial with respect to the rooming house only, based on eleven claimed evidentiary errors by the circuit court.

The appeals court rejects nine of the Stankowskis’ claims of error but agrees with the Stankowskis, however, that the circuit court erred by: (1) admitting evidence of fire code violations documented between 2014 and 2017; and (2) admitting hearsay statements contained within a July 12, 2019 memo authored by a City employee. The appeals court remands for a new trial regarding the amount of just compensation to which the Stankowskis were entitled for the City’s taking of the rooming house.

Affirmed, Reversed and Remanded.

Decided 08/29/23

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