Legal Opinion

Leith Holdings, LLC v. Wis. Power & Light Co.

Court of Appeals of Wisconsin

Decided March 20, 2019No. Appeal No. 2017AP1740Published

1Per curiam

¶1 Leith Holdings, LLC appeals from a circuit court order granting summary judgment to Wisconsin Power & Light Company (WP&L). Leith claimed that WP&L inversely condemned its property by placing utility infrastructure (electric transformers and power lines) on what Leith claimed were private roads on its property. We agree with the circuit court that WP&L's utility infrastructure was placed on public roads as shown in an 1894 recorded plat because that plat made a statutory dedication to the public of the roads at issue. We affirm.

¶2 The facts are essentially undisputed. Leith's property is…

2Cases cited8 opinions

  1. State v. Waste Management of Wisconsin, Inc.Wisconsin Supreme Court · 1978
  2. Brownelli v. McCaughtryCourt of Appeals of Wisconsin · 1994
  3. Cohn v. Town of RandallCourt of Appeals of Wisconsin · 2001
  4. Streff v. Town of DelafieldCourt of Appeals of Wisconsin · 1994
  5. City of Superior v. Northwestern Fuel Co.Wisconsin Supreme Court · 1917

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