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2010AP1344 Pahl v. American Transmission Company, et al.
Property Condemnation; easements; adverse possession Gary and Judith Pahl appeal a summary judgment dismissing their claims against American Transmission Company and ATC Management, Inc. (collectively, ATC). They contend that: (1) a 1964 easement granted to the utility is void as unconscionable and against public policy; (2) ATC abandoned the easement or the easement was extinguished […]
2010AP1130 Psicihulis v. Samarzja
Property Easements Michael and Jann Samarzja (Samarzja) appeal and Brian and Roberta Psicihulis (Psicihulis) cross-appeal from a circuit court order confirming the existence and scope of an easement over the Psicihulis property for the benefit of the Samarzja property. The circuit court determined that while the easement provided Samarzja’s property with access to Willow Springs […]
2010AP1427 Stolen Farms Inc., et al. v. American Transmission Company LLC, et al.
Property Eminent domain; good faith This appeal arises out of five consolidated cases brought by landowners challenging the condemnation of their property by American Transmission Company LLC and ATC Management, Inc. (collectively, ATC). The landowners challenge ATC’s right to condemn portions of their properties by obtaining easements for the purpose of upgrading a high voltage […]
2009AP2784 Klemm v. American Transmission Co., LLC
Property Eminent domain; litigation expenses Litigation expenses may be awarded if an appeal is taken from a negotiated price. “Evaluating the statutory language of Wis. Stat. § 32.28(3)(d) and § 32.06(2a) within the context of the comprehensive condemnation statutes, we conclude that an owner who accepts the negotiated price under § 32.06(2a), timely appeals that […]
2010AP2023 In re the Petition of Country Side Restaurant Inc., et al.
Property Condemnation; disbursement The Lamar Company, LLC, d/b/a Lamar Outdoor Advertising, appeals from the circuit court’s final order that $120,000 on deposit with the Clerk of the Circuit Court of Winnebago County shall be disbursed to Country Side Restaurant, Inc. We affirm the order. Not recommended for publication in the official reports. 2010AP2023 In re […]
2010AP1447 Waller v. American Transmission Co., LLC
Property Condemnation; uneconomic remnants When a property owner properly raises the issue of whether he will be left with an uneconomic remnant pursuant to sec. 32.06(3m), a circuit court must first hold an evidentiary hearing under sec. 32.06(5) to determine whether the remaining parcel is an uneconomic remnant. “Whether the remaining property after a partial […]
2010AP2178 Hussein v. Village of Germantown Board of Zoning Appeals
Property Zoning; conditional use permits A revision to a municipality’s zoning code that causes a property to become a legal nonconforming use results in the CUP losing its enforceability and the property gaining the vested right to continue its historically allowed use. “We hold that in 1988 when the village eliminated the selling of cars […]
10-2306 U.S. v. Buchman
Property Foreclosure Foreclosure sales do not result in inadequate prices as a matter of law. “Instead of engaging either Wisconsin’s substantive standard or the limits of appellate review, Buchman wants us to assume that, as a matter of law, foreclosure sales produce inadequate prices because they lack a willing seller. Yet Wisconsin has not adopted […]
2010AP927 Jahimiak v. Long
Property Gifts; partition David Jahimiak appeals an order of partial summary judgment and a judgment of the circuit court following a bench trial on the remaining issues. Jahimiak brought multiple financial claims against Laurie Long for debts he alleged Long incurred to him while he and Long resided together. Long, in turn, sought partition of […]
2010AP2530 State ex rel. Mueller v. Chippewa County Zoning Board of Adjustment
Property Zoning; variances; undue hardship The Chippewa County Zoning Board of Adjustment appeals a circuit court judgment reversing its decision to deny Mark and Barbara Mueller an after-the-fact area variance. The Board contends the Muellers did not make the unnecessary hardship showing required to obtain an area variance because: (1) the alleged hardship is not […]
2009AP3088 River Valley Bank vs. Corsten, et al.
Property Foreclosure Sean Corsten appeals an order vacating an order confirming a sheriff’s sale and voiding the sheriff’s deed. Although the issues he raises on appeal are not adequately developed, he contends that the doctrines of invited error and claim preclusion should be applied. Because we conclude that the trial court properly exercised its discretion, […]
2010AP890 Thelen v. Cremer
Property Misrepresentation; property condition report; economic loss doctrine Daniel and Suzanne Thelen entered into an agreement with the Thomas and Delores Cremer Revocable Trust for the purchase of commercial property. As part of that agreement, the Thelens received a condition report signed by Delores Cremer stating that, to the extent past remodeling had occurred, the […]
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