(DOWNLOAD) "City of Janesville v. Cc Midwest" by Supreme Court of Wyoming ~ eBook PDF Kindle ePub Free
eBook details
- Title: City of Janesville v. Cc Midwest
- Author : Supreme Court of Wyoming
- Release Date : January 11, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 99 KB
Description
1 This is a review of a decision of the court of appeals reversing the circuit courts judgment granting the City of Janesville (the City) a writ of assistance to remove the defendant, CC Midwest, Inc. (CC Midwest), from property that the City previously acquired by exercising its power of eminent domain. The circuit court concluded that there were no issues of material fact and the City had met its statutory obligation to make available to CC Midwest a comparable replacement property/business as required by Wis. Stat. § 32.05(8)(b)-(c) and Wis. Stat. § 32.19(2)(c) (2003-04). The circuit court also concluded that granting the City a writ of assistance did not deprive CC Midwest of any constitutional rights. The court of appeals reversed. It agreed that the question presented was one of law, but it held that "[b]ecause it is undisputed that none of the properties the City identified met [the statutory definition of comparable replacement property set out in § 32.19(2)(c)], the City was not entitled to a writ of assistance." City of Janesville v. CC Midwest, Inc., 2006 WI App 21, 32, 289 Wis. 2d 453, 710 N.W.2d 713 (emphasis added). Accordingly, in a published opinion, it reversed the circuit court judgment. Id.