(WTAQ-WLUK) – A state appeals court ruled Tuesday the Village of Egg Harbor illegally condemned private property to create a sidewalk.
Egg Harbor condemned part of the land where the Shipwrecked Brew Pub and Restaurant is located along Highway G, in order to build a sidewalk to alleviate pedestrian safety concerns.
The owners, identified in the suit as Sojenhomer, sued, but the circuit court ruled a sidewalk is different than a pedestrian way. The distinction is key, as state law says property may not be acquired by condemnation for a ‘pedestrian way.’
The property owners appealed, and in a 23-page decision issued Tuesday, ruled against the village.
The court ruled a sidewalk falls under the definition of a pedestrian way, as defined by state law.
“We conclude that the circuit court erred by granting summary judgment in favor of the Village. The undisputed facts demonstrate that the Village used the power of condemnation to acquire Sojenhomer’s property to establish a pedestrian way in violation of WIS. STAT. 32.015 and 61.34(3)(b). Summary judgment should have therefore been granted in Sojenhomer’s favor. We reverse and remand for further proceedings consistent with this opinion,” the decision states.
