Summary
The Wisconsin Supreme Court reviews whether condemnees who accepted a negotiated price, appealed under Wisconsin Statutes section 32.06(2a), and obtained a higher condemnation commission award were entitled to litigation expenses under section 32.28(3)(d). The court holds that a jurisdictional offer is not required when the statutory thresholds are met through the negotiated-price appeal route, and reverses the court of appeals.
Holdings
- Wis. Stat. § 32.28(3)(d) requires an award of litigation expenses when an owner accepts a negotiated price under § 32.06(2a), timely appeals the recorded compensation, receives a county condemnation commission award that exceeds the negotiated price by at least $700 and 15 percent, and neither party appeals the commission's award, even if no jurisdictional offer was issued.
- Wisconsin condemnation statutes must be interpreted by examining statutory text in context, giving effect to each word, avoiding surplusage, and favoring an interpretation that fulfills the statute's purpose.
- The court declined to decide what event constitutes the 'official completive action' marking the beginning of recoverable litigation expenses in a negotiated-price appeal.
Questions Presented
- Whether Wis. Stat. § 32.28(3)(d) permits an award of litigation expenses when an owner accepts a negotiated price under § 32.06(2a), timely appeals the certificate of compensation, obtains a condemnation commission award at least $700 and 15 percent greater than the negotiated price, and neither party appeals the commission's award.
- Whether the court needed to determine the specific event marking the beginning of recoverable litigation expenses under Wis. Stat. § 32.28(1) in a negotiated-price appeal.
Disposition
reversed
Cases Cited (12)
- State v. Martin, 162 Wis. 2d 883, 894, 470 N.W.2d 900 (1991)(followed)
- Donaldson v. State, 93 Wis. 2d 306, 315, 286 N.W.2d 817 (1979)(followed)
- Juneau County v. Courthouse Employees, Local 1312, 221 Wis. 2d 630, 641, 585 N.W.2d 587 (1998)(followed)
- Landis v. Physicians Insurance Co. of Wisconsin, Inc., 2001 WI 86, 245 Wis. 2d 1, 628 N.W.2d 893(followed)
- County of Dane v. LIRC, 2009 WI 9, 315 Wis. 2d 293, 759 N.W.2d 571(followed)
- Warehouse II, LLC v. State of Wisconsin Department of Transportation, 2006 WI 62, 291 Wis. 2d 80, 715 N.W.2d 213(followed)
- Kolupar v. Wilde Pontiac Cadillac, Inc., 2004 WI 112, 275 Wis. 2d 1, 683 N.W.2d 58(followed)
- Elliott v. Donahue, 169 Wis. 2d 310, 323-325, 485 N.W.2d 403 (1992)(followed)
- Wieczorek v. City of Franklin, 82 Wis. 2d 19, 23, 260 N.W.2d 650 (1978)(followed)
- Redev. Auth. of City of Green Bay v. Bee Frank, Inc., 120 Wis. 2d 402, 411, 355 N.W.2d 240 (1984)(followed)
Showing top 10 of 12.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…