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Land Use

By: WISCONSIN LAW JOURNAL STAFF//May 6, 2024//

Land Use

By: WISCONSIN LAW JOURNAL STAFF//May 6, 2024//

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7th Circuit Court of Appeals

Case Name: Greenwald Family Limited Partn v. Village of Mukwonago

Case No.: 21-3237

Officials: Sykes, Chief Judge, and Wood and Scudder, Circuit Judges.

Focus: Land Use

The Greenwald Family Limited Partnership, a landowner based in the Village of Mukwonago, Wisconsin, had enjoyed a positive and collaborative relationship with the Village over the years, working together on various development ventures. However, tensions arose following a failed land transaction in 2014 and subsequent conflicts. Alleging unfair treatment, the Partnership filed a lawsuit against the Village, claiming that it had been unfairly targeted, thereby infringing upon its rights under the 14th Amendment. The Partnership cited multiple instances of unfavorable municipal decisions, notably the botched land deal and the rerouting of a new road away from its property.

Initially filed in state court, the case was later transferred to federal court. The district court determined that the Village had valid reasons for its actions regarding the failed land deal, the rerouted road, and other decisions affecting the Partnership’s properties. Granting summary judgment in favor of the Village, the court also relinquished jurisdiction over the state-law claims.

The Seventh Circuit reviewed the case and upheld the district court’s ruling asserting that the Partnership had failed to demonstrate that the Village’s actions lacked any conceivable rational basis. The court found that the Village’s decisions were logically connected to its legitimate objectives of advancing land-use goals and safeguarding public finances. It concluded that while the Partnership may have been disappointed as a landowner, there was no evidence of unconstitutional discrimination against them.

Affirmed.

Decided 04/29/24

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