A few years back, we posted the Wisconsin Supreme Court decision holding that airspace is property under Wisconsin law, Brenner v. New Richmond Regional Airport Comm’n, 816 N.W.2d 291 (Wis. 2012). The property owners argued that a runway extension project — which condemned a portion of their property which was zoned commercial-industrial, but used for agricultural purposes — did not take into account
The Supreme Court remanded the case for trial.
That didn’t go so well for the property owners when the trial court dismissed their inverse condemnation case because the overflights from the runway were not of sufficient frequency or duration to become a taking.
In this short per curiam opinion, the court of appeals affirmed.
Brenner v. City of New Richmond, No. 2014AP799 (Wis. App. May 27, 2015)