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09-2876 & 09-2879 Samuel C. Johnson 1988 Trust v. Bayfield County
Property Railroad easements; abandonment A judicial finding of abandonment by a railroad is not required for title to vest in the property owner. “The plaintiffs, being the owners of the land traversed by the railroad’s right of way, acquired the right of way (if there was one—we said earlier there was not), by operation of […]
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 […]
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