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ZEALY v. CITY OF WAUKESHA

No. 93-2831.

194 Wis.2d 701 (1995)

534 N.W.2d 917

Alfred A. ZEALY, Plaintiff-Appellant, v. CITY OF WAUKESHA, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 17, 1995.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, there were briefs and oral argument by James W. Hammes of Cramer, Multhauf & Hammes of Waukesha.

On behalf of the defendant-respondent, there was a brief and oral argument by Karen A. Macherey, assistant city attorney.

There was an amicus brief by James E. Doyle, attorney general; John S. Greene, assistant attorney general; and Kathleen M. Falk, Wisconsin Public Intervenor. There was oral argument by JoAnne F. Kloppenburg, assistant attorney general, and Kathleen M. Falk, Wisconsin Public Intervenor.

Before Brown, Nettesheim and Snyder, JJ.

BROWN, J.

The dispute here concerns how courts should measure compensation to a landowner when the government reclassifies a portion of the landowner's parcel as conservancy in order to protect diminishing wetlands. The challenging landowner in this case primarily claims that when part of a parcel's zoning classification is changed to conservancy, the courts should treat that portion as though it has been constructively taken and the government should pay accordingly...

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