BACKUS v. WAUKESHA COUNTY

No. 2020AP307.

976 N.W.2d 492 (2022)

2022 WI 55

Gregory M. BACKUS, Plaintiff-Respondent, v. WAUKESHA COUNTY, Defendant-Appellant.

Supreme Court of Wisconsin.

Opinion Filed: July 5, 2022.


Attorney(s) appearing for the Case

For the defendant-appellant, there were briefs filed by Deborah B. Price , principal assistant corporation counsel. There was an oral argument by Deborah B. Price .

For the plaintiff-respondent, there was a brief filed by Erik S. Olsen , Andrew D. Weininger and Eminent Domain Services, LLC, Madison. There was an oral argument by Andrew D. Weininger .

An amicus curiae brief was filed by Scott E. Rosenow and WMC Litigation Center, Madison for Wisconsin Manufacturers and Commerce, Inc.

An amicus curiae brief was filed by Clayton P. Kawski , assistant attorney general, with whom on the brief was Joshua L. Kaul , attorney general, for the Wisconsin Department of Transportation.

KAROFSKY, J., delivered the majority opinion of the Court, in which ANN WALSH BRADLEY, DALLET, and HAGEDORN, JJ., joined. REBECCA GRASSL BRADLEY, J., filed a dissenting opinion, in which ZIEGLER, C.J., and ROGGENSACK, J., joined. NOT PARTICIPATING:


¶1 The court of appeals certifies the following question to us: In light of 118th Street Kenosha, LLC v. D.O.T., 2014 WI 125, 359 Wis.2d 30, 856 N.W.2d 486, is a temporary limited easement compensable under Wis. Stat. §...

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