118th Street Kenosha, LLC v. Wis. Dep’t of Transp.
Annotate this Case118th Street Kenosha, LLC (the LLC) owned commercial property in the City of Kenosha. Before 2010, the commercial property had direct access to 118th Avenue. In 2010, the Wisconsin Department of Transportation (DOT) relocated 118th Avenue, leaving the commercial property with no direct access to the street. The LLC sought to recover damages under Wis. Stat. 32.09(6g) for the commercial property’s diminution in value caused by the relocation of 118th Avenue. The circuit court granted the DOT’s motion in limine seeking to exclude evidence of damages caused by the LLC’s loss of direct access and proximity to 118th Avenue. The Supreme Court affirmed, holding that the LLC was precluded from seeking damages under section 32.09(6g) for the commercial property’s diminution in value resulting from its loss of direct access and proximity to 118th Avenue due to the 118th Avenue relocation.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.