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Waller v. American Transmission Co., LLC, No 2013AP805 (Wis. July 16, 2013)

Waller v. American Transmission Co., LLC, No 2013AP805 (Wis. July 16, 2013)

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Waller v. American Transmission Co., LLC, No 2013AP805 (Wis. July 16, 2013)
Waller v. American Transmission Co., LLC, No 2013AP805 (Wis. July 16, 2013)

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Categories:Business/Law
Published by: robert_thomas_5 on Jul 17, 2013
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10/20/2013

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2013 WI 77
S
UPREME
C
OURT OF
 W 
ISCONSIN
 
C
ASE
N
O
.:
2012AP805 & 2012AP840
C
OMPLETE
T
ITLE
:
Scott N. Waller and Lynnea S. Waller,Plaintiffs-Respondents,v.American Transmission Company, LLC,Defendant-Appellant.ON BYPASS FROM THE COURT OF APPEALS
O
PINION
F
ILED
:
July 16, 2013
S
UBMITTED ON
B
RIEFS
:O
RAL
A
RGUMENT
:
April 10, 2013
S
OURCE OF
A
PPEAL
:C
OURT
:
Circuit
C
OUNTY
:
Walworth
J
UDGE
:
James L. Carlson
J
USTICES
:C
ONCURRED
:D
ISSENTED
:
BRADLEY, J., ABRAHAMSON, C.J., dissent. (Opinionfiled.)
N
OT
P
ARTICIPATING
:
GABLEMAN, J., did not participate.
A
TTORNEYS
:
For the defendant-appellant, there were briefs by
KatherineStadler 
,
Bryan J. Cahill
, and
Godfrey & Kahn, S.C.
, Madison, andoral argument by
Katherine Stadler 
.For the plaintiffs-respondents, there were briefs by
HughR. Braun
,
Nicholas R. DiUlio
, and
Godfrey, Braun & Frazier, LLP
,Milwaukee, and oral argument by
Hugh R. Braun
.There was an amicus curiae brief by
Trevor J. Will
,
Bradley D. Jackson
,
Krista J. Sterken
, and
Foley & Lardner, LLP
,Madison, on behalf of the Wisconsin Utilities Association.
 
 
2013
 
 WI
 
77
NOTICE
 
This opinion is subject to furtherediting and modification. The finalversion will appear in the bound volume of the official reports.
No. 2012AP805 & 2012AP840
(L.C. No. 2008CV520 & 2010CV691)
STATE OF WISCONSIN : IN SUPREME COURT
Scott N. Waller and Lynnea S. Waller,Plaintiffs-Respondents,v. American Transmission Company, LLC,Defendant-Appellant.
FILED
JUL 16, 2013
Diane M. FremgenClerk of Supreme Court
APPEAL from final judgments of the Circuit Court forWalworth County, James L. Carlson, Judge.
Affirmed.
¶1 DAVID T. PROSSER, J. This case is before the courton a petition for bypass of the court of appeals pursuant toWis. Stat. (Rule) § 809.60 (2011–12).
1
We are asked to interpretthe condemnation procedures in Wis. Stat. § 32.06 and determinethe rights of property owners who claim that a taking ofproperty has left them with an "uneconomic remnant."
1
All subsequent references to the Wisconsin Statutes are tothe 2011-12 version unless otherwise indicated.
 
No. 2012AP805 & 2012AP840
2¶2 American Transmission Company, LLC (ATC) condemned apair of easements on the residential property of Scott andLynnea Waller (the Wallers) to facilitate the construction andplacement of high-voltage transmission lines. The Wallersclaimed that the easements diminished the value of theirproperty so much that they were left with an uneconomic remnant.The Wallers contend that they are entitled to certain rights asthe owners of property that has substantially impaired economicviability as a result of a partial taking.¶3 The Walworth County Circuit Court
2
agreed with theWallers, concluding that their property, after the taking of theeasements, was an uneconomic remnant. It ordered ATC to acquirethe entire property. The circuit court also awarded the Wallerslitigation costs and relocation expenses as "displaced persons"when they moved from the property after the taking.¶4 The specific issues before this court are as follows:(1) At what point in a Wis. Stat. § 32.06condemnation proceeding must a property owner raise anuneconomic remnant claim?(2) Were the Wallers left with an uneconomicremnant after ATC took two easements on theirproperty?(3) Are the Wallers entitled to litigationexpenses?(4) Are the Wallers "displaced persons,"entitling them to relocation benefits?
2
Judge James L. Carlson, presiding.

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