Southport Commons, LLC v. Wisconsin Department of Transportation
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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.
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