Justia Wisconsin Supreme Court Opinion Summaries

Articles Posted in Real Estate & Property Law
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The Supreme Court reversed the decision of the court of appeals reversing orders of the circuit court dismissing challenges brought by the Friends of the Black River Forest and Claudia Bricks (collectively, the Friends) to a land exchange between J. Kohler Company and the Department of Natural Resources, holding that Friends lacked standing to challenge the land transfer decision.Friends filed an action challenging the Board's decision approving an agreement between the Department and Kohler for the land exchange. The circuit court granted Kohler's motion to dismiss, concluding that Friends lacked standing because the alleged injuries did not flow directly from the land swap decision. The court of appeals reversed, concluding that Friends alleged sufficient injuries to satisfy standing under Wis. Stat. 227.52 and 227.53. The Supreme Court reversed, holding that none of the statutes or regulations cited by Friends protected any legally protected, recognized, or regulated interests of Friends that would permit them to challenge the Board's decision as aggrieved persons. View "Friends of the Black River Forest v. Wis. Department of Natural Resources" on Justia Law

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The Supreme Court affirmed the decision of the Board of Review for the City of Kenosha classifying certain property as residential, holding that the Board's determination to sustain the residential classification was supported by sufficient evidence.The City assessor valued the subject property at $89,800 and classified it as residential for property tax purposes. On appeal, Appellant argued that the property should be classified as residential. The Board sustained the assessor's classification. The circuit court and court of appeals affirmed. The Supreme Court affirmed, holding (1) the Board acted according to law when it looked for more than minimal agricultural use in evaluating whether the property was devoted primarily to agricultural use; (2) the Board did not err in considering the prospective residential use of the property; and (3) the Board's determination to sustain the residential classification was supported by sufficient evidence. View "Nudo Holdings, LLC v. Board of Review for the City of Kenosha" on Justia Law

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The Supreme Court affirmed the decision of the circuit court granting summary judgment in favor of the Wisconsin Energy Corporation (WEC) in this action brought by Claudia Bauer seeking the removal of a natural-gas line installed beneath her property over forty years ago, holding that Bauer's claims against the WEC were properly dismissed.The natural-gas line was first installed with the permission of the property's then-owner, Virginia Garside. At issue before the Supreme Court was whether Garside's grant of permission ripened into a prescriptive right under Wis. Stat. 893.28(2), allowing the public utility to continue using the line over Bauer's protests. The Supreme Court held (1) the WEC met the required continuous use for ten years prior to Bauer's purchase of the property; (2) section 893.28(2) abrogated the claim-of-right requirement when it removed the adversity requirement; and (3) under section 893.28(2), the WEC's prescriptive right to continue using the gas line vested prior to Bauer's purchase of the property. View "Bauer v. Wisconsin Energy Corp." on Justia Law

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The Supreme Court affirmed the judgment of the court of appeals affirming an order of the circuit court that domesticated a Mexican judgment in favor of Wells Fargo Bank, N.A., and against Daniel and Jane Hennessy, holding that Wells Fargo's judgment against the Hennessys was properly domesticated.On appeal, the Hennessys asserted that the circuit court erred in holding that the foreign judgment was valid and personally enforceable against them under Mexican law and erred in domesticating the Mexican judgment under principles of comity. The Supreme Court affirmed, holding (1) the Wisconsin principle that a foreign country's law must be proven before a circuit court as a question of fact is hereby affirmed; (2) the circuit court's interpretation of Mexican law was not clearly erroneous; and (3) the circuit court did not abuse its discretion by choosing to recognize the Mexican judgment in Wisconsin. View "Hennessy v. Wells Fargo Bank, N.A." on Justia Law

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The Supreme Court affirmed the decision of the court of appeals affirming the order of the circuit court that reversed the Department of Administration's approval of a cooperative plan (Plan) between the Village of Kekoskee and the Town of Williamstown and remanded the matter back to the Department, holding that the Department erroneously interpreted Wis. Stat. 66.0307(2) in approving the Plan.The circuit court concluded that section 66.0307(2), the cooperative plan statute, did not permit municipalities to use cooperative plans to absorb and entire town into a village. The court of appeals affirmed, concluding that the Plan changed the City of Mayville's boundary line such that Mayville was required to be a party to the Plan. The Supreme Court affirmed, holding (1) Mayville had standing to seek judicial review of the Plan; (2) the Plan changed Mayville's boundary line, and therefore, section 66.0307(2) required that Mayville be a party to the Plan; and (3) because Mayville was not a party to the Plan, the Department erred in approving the Plan. View "City of Mayville v. State of Wisconsin Department of Administration" on Justia Law

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The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's grant of summary judgment in favor of Kemper Independence Insurance Company denying coverage to Appellant for the loss of her home, holding that Kemper was not required to provide coverage for the loss of the home after Appellant's husband intentionally set fire to it.The parties stipulated that, with the intent to deceive, the husband concealed from Kemper facts about his involvement in the fire, and Kemper relied on that concealment and fraud to its detriment. The circuit court concluded that the "concealment or fraud" condition in the insurance policy covering the home barred coverage for Appellant's claims. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the husband was an insured under the terms of the policy; (2) the policy's "concealment or fraud" condition precluded coverage for Appellant; and (3) Wis. Stat. 631.95(2)(f) did not apply. View "Kemper Independence Insurance Co. v. Islami" on Justia Law

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In this inverse condemnation complaint brought by a property owner, the Supreme Court affirmed the decision of the court of appeals affirming the circuit court's grant of a motion for judgment on the pleadings filed by the Department of Transportation (DOT), holding that the circuit court properly granted DOT's motion for judgment on the pleadings.Southport Commons, LLC filed suit against DOT, claiming inverse condemnation arising from a construction project that resulted in a change to Southport's land. DOT moved for judgment on the pleadings, asserting that Southport failed to file its notice of claim within three years of when the damage occurred, as required by Wis. Stat. 88.87(2)(c). The circuit court agreed and granted the motion. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the notice of claim period in section 88.87(2)(c) begins to run when the damage happens or takes place; and (2) Southport did not raise a genuine issue of material fact as to the date of damage. View "Southport Commons, LLC v. Wisconsin Department of Transportation" on Justia Law

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The Supreme Court affirmed the decision of the court of appeals affirming the determination of the City of Milwaukee Board of Review that Petitioner's property was properly assessed at a value of $31,800, holding that the assessor properly considered the impairment of the property's value due to contamination in arriving at a valuation pursuant to Wis. Stat. 70.32(1m).On appeal, Petitioner argued that because the property was contaminated he could not sell it, and therefore, the assessed value should be zero dollars. Further, Petitioner argued that the City of Milwaukee Environmental Contamination Standards (CMECS) conflict with Wis. Stat. 70.32. The Supreme Court affirmed, holding (1) by utilizing the income approach to value the property according to its highest and best use as a parking lot, the assessor properly considered the contained nature of the property in arriving at a valuation; and (2) this Court declines to address Petitioner's challenge to the CMECS because the assessor did not rely on the CMECS in the assessment of Petitioner's property. View "Collison v. City of Milwaukee Board of Review" on Justia Law

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The Supreme Court affirmed the decision of the court of appeals holding that a diminution in property value that results from changing the grade of a highway abutting the property does not qualify as "damages to the lands" under Wis. Stat. 32.18.When the Department of Transportation (DOT) changed the grade of a highway that abuts United America, LLC's property, access to United America's property became less convenient. Therefore, the property's value decreased. United America brought this action alleging that section 32.18 entitled it to damages to its lands, property, and property value brought about by the change in grade. The circuit court entered judgment in favor of United America. The court of appeals reversed. The Supreme Court affirmed, holding that the plain meaning of "damages to the lands" in section 32.18 did not encompass United America's diminution in property value. View "United America, LLC v. Wisconsin Department of Transportation" on Justia Law

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The Supreme Court affirmed the decision of the court of appeals reversing in part the circuit court's determination that the price for certain property was $16.6 million and granting County Visions Cooperative fifteen days to exercise its right of first refusal at that price, holding that a circuit court may set an exercise price that exceeds the appraised value of the burdened property.The circuit court granted Country Visions specific performance of its right of first refusal to a property that Archer-Daniel-Midland Co. was attempting to sell. At issue was whether the circuit court correctly set the price at which Country Visions could exercise its right of first refusal. The court of appeals concluded that the circuit court did not err in how it determined the appropriate right of first refusal exercise price but remanded the case for a determination of whether the $16.6 million price included personal property. The Supreme Court affirmed, holding (1) the circuit court properly considered the unique synergies that the property provided when it set the exercise price higher than the appraised value; but (2) remand was necessary to determine whether the $16.6 million exercise price included more than what was called for in the right of first refusal contract. View "Country Visions Cooperative v. Archer-Daniels-Midland Co." on Justia Law