Wisconsin Supreme Court Accepts Five New Cases

The Wisconsin Supreme Court recently accepted five new cases. Of note:

United America, LLC v. DOT (2018AP2383) – Nonstructural Damages in DOT Takings)

In this case, the Court of Appeals District III held that nonstructural damages to private property are not compensable when the Department of Transportation (DOT) makes a change of grade to an abutting street.

The Supreme Court will determine whether the interpretation and scope of the statutory language in Wis. Stats. § 32.18 includes “any damages to said lands.”

More about the case.


Southport Commons, LLC v. DOT (2019AP130) – Inverse Condemnation

In this case, the Court of Appeals District II held that claimants must file against the Department of Transportation (DOT) within three years after damage from DOT construction occurs, not after damage is discovered, according to Wis. Stat. § 88.87(2)(c).

The issue before the court: should it grant review of the Court of Appeals’ decision because it misconstrued Wis. Stat. § 88.87(2)(c)?

More about the case.