CHRISTUS LUTHERAN CHURCH v. DOT

No. 2018AP1114.

956 N.W.2d 837 (2021)

2021 WI 30

CHRISTUS LUTHERAN CHURCH OF APPLETON, Plaintiff-Appellant, v. WISCONSIN DEPARTMENT OF TRANSPORTATION, Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Opinion Filed: April 1, 2021.


Attorney(s) appearing for the Case

For the defendant-respondent-petitioner, there were briefs filed by Hannah S. Jurss , assistant attorney general; with whom on the brief was Joshua L. Kaul attorney general. There was an oral argument by Hannah S. Jurss .

For the plaintiff-appellant, there was a brief filed by Alan Marcuvitz , Smitha Chintamaneni , Andrea Roschke , and Von Briesen & Roper, S.C., Milwaukee. There was an oral argument by Alan Marcuvitz .

An amicus curiae brief was filed on behalf of American Transmission Company LLC and its corporate manager ATC Management Inc.; Wisconsin Public Service Corporation, Wisconsin Electric Power Company, and Wisconsin Gas LLC by Sara K. Beachy and Axley Brynelson, LLP, Madison.

An amicus curiae brief was filed on behalf of Wisconsin Realtors Association by Cori Moore Lamont and Wisconsin Realtors Association, Madison.

An amicus curiae brief was filed on behalf of Owners' Counsel of America by Joseph C. Niebler, Jr. and Niebler, Pyzyk, Carrig, Jelenchick & Hanley, LLP, Menomonee Falls; with whom on the brief was Michael W. Ryan and Ryan and Ryan, Rosemont, Illinois.

An amicus curiae brief was filed on behalf of Eminent Domain Services, LLC by Erik S. Olsen and Andrew D. Weininger , Madison.

KAROFSKY, J., delivered the majority opinion of the Court, in which ANN WALSH BRADLEY, DALLET, and HAGEDORN, JJ., joined. ROGGENSACK, C.J., filed a dissenting opinion, in which ZIEGLER and REBECCA GRASSL BRADLEY, JJ., joined.


¶1 In this case, the Wisconsin Department of Transportation ("DOT") acquired a portion of land owned by Christus Lutheran Church of Appleton ("Christus") through eminent domain. As part of that process, DOT issued a jurisdictional offer to purchase. We are tasked with determining

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