[Two Curmie’s Conjectures columns in a week! We are blessed. I was also thrilled to have this particular issue examined by a non-lawyer, because in many areas, legal training fogs clear thinking when it is supposed to do the opposite. Also, of the two options Curmie closes with, the majority of lawyers I’ve discussed this case with vote for the second.
Oh—Curmie had a standard pedestrian sign as his illustration for this post, but I saw another opportunity to use one of my all-time favorite Charles Addams cartoons, and went for it. I hope he doesn’t mind—JM]
I was tempted to call the recent decision by the Wisconsin Supreme Court in the case of Sojenhomer v. Egg Harbor a head-scratcher, but I fear that such an assessment might be a little too kind.
Sojenhomer LLC owns a brew pub/restaurant located along County Highway G in the village of Egg Harbor. They used a small portion of that land, .009 acres, for patron parking. The village, citing safety concerns, sought to put in a sidewalk where those parking spaces currently are. To do so, they sought to condemn that small area under eminent domain regulations.
The problem with their plan is that Wisconsin state law bars the use of condemnation to acquire property to establish or extend “a pedestrian way….” So the case boils down to whether or not a sidewalk is indeed “a pedestrian way.” The majority opinion, written by Justice Rebecca Frank Dallet, says no, to which I reply, “then what the hell is it?”
Ethics Alarms 