Egg Harbor asks Supreme Court to consider case on Shipwrecked sidewalk property
EGG HARBOR - A sidewalk dispute between Shipwrecked Brew Pub and the village may be headed to the Wisconsin Supreme Court.
The dispute is over the property where the village built a sidewalk on County G next to Shipwrecked, 7791 Egg Harbor Road, as part of a safety improvement project around the road's intersection with State 42, where the popular restaurant and brewery is located. Previously, pedestrians had to walk on the narrow road that could see heavy traffic at peak traffic times.
The village sought to buy a sliver of the Shipwrecked property, about 392 square feet, bordering County G so it could build the sidewalk, along with a temporary easement for lighting and other improvements. But after two offers were rejected by Sojenhomer LLC, the property owner, as inadequate and not coming close to the appraised value, Egg Harbor condemned the property in 2019 so it could build the walkway.
Sojenhomer sued in 2020, but Door County Circuit Court Judge David Weber ruled in favor of the village a year later. The basis of the suit was that state statutes do not allow condemnation of property by a municipality to make a "pedestrian way," but the village argued that "sidewalk" is not the same as "pedestrian way" according to statute; instead it is a road safety feature, which would open the door for condemnation to build a sidewalk. Weber agreed with the village's position.
Sojenhomer appealed the decision, and on March 14 the District 3 Court of Appeals overturned Weber's decision and ruled in Sojenhomer's favor. The judges wrote in their decision that "the general definition of a pedestrian way in (state statute) is broad and plainly includes sidewalks because a sidewalk is a 'walk designated for the use of pedestrian travel.'"
Because of that, Egg Harbor filed a petition Wednesday, April 12, asking the state Supreme Court to reconsider the appeals court ruling, saying the appeals court "incorrectly determined that a sidewalk is a 'pedestrian way as that term was intended by the legislature versus a distinct roadway feature."
"The case sets new precedent," a news release from the village said. "The Village Board believes that it is the village’s responsibility to pursue review … and anticipates strong support from the Wisconsin Department of Transportation, among others."
"The Court of Appeals’ decision, if left unchallenged, will deter sidewalk construction and safety improvements on future streets in our state," village president John Heller said in the release. "This will undoubtedly have a negative impact on the health, safety and welfare of the general public.”
Contact Christopher Clough at 920-562-8900 or [email protected].
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This article originally appeared on Green Bay Press-Gazette: Egg Harbor asks Supreme Court to consider Shipwrecked sidewalk case
