City of Whitewater v. Baker

Pelishek appeals from the trial court’s judgment dismissing his complaint for a declaration of his interest in certain property located in the City of Whitewater and for an injunction against the City, the State and the Department of Transportation to prohibit their encroaching upon his property. Pelishek argues, among other things, that the trial court erred in failing to disqualify Attorney Clark Dempsey from representing the City because Dempsey had represented Pelishek during Pelishek’s acquisition of the very property now in dispute. We agree and remand the cause for a new trial in which…