Wisconsin Supreme Court Decision Paves the Way for More Sidewalks – ABC2 WBAY
It’s a sidewalk.
The Wisconsin Supreme Court issued a 4-3 decision on Wednesday to settle a dispute over property in Egg Harbor that was condemned to make a busy intersection safer.
Since 2015, the Village of Egg Harbor wanted to address safety concerns around State Highway 42 and County Rd. G. An engineering review recommended building a sidewalk along County G, and the village moved to condemn and take over property owned by Sojenhomer LLC, amounting to nine-one-thousandths (0.009) of an acre. Sojenhomer operates the Shipwrecked Brew Pub and Restaurant.
Municipalities can condemn property for a sidewalk but not for a pedestrian way. Sojenhomer argued that a sidewalk is a type of pedestrian way. A lower court disagreed, but a court of appeals sided with the owner.