Meyer v. Wisconsin Elec. Power Co., 44
| Decision Date | 29 June 1973 |
| Docket Number | No. 44,44 |
| Citation | 208 N.W.2d 321,60 Wis.2d 175 |
| Parties | Walter J. MEYER et al., Appellants, v. WISCONSIN ELECTRIC POWER CO., Respondent. |
| Court | Wisconsin Supreme Court |
Hersh & Stupar, Milwaukee, for appellants.
James J. Koenen, Port Washington, for respondent.
The circuit court dismissed the appeal in this case on grounds of lack of personal jurisdiction over the condemnor. The condemnor instituted two proceedings under sec. 32.06, Stats., for the purpose of condemning easements for electric power transmission lines in Ozaukee county. The condemnor secured orders assigning the matters to the condemnation commissioners, and authorizing the condemnor to take possession of the lands in question during the pendency of the proceedings. Subsequently, but prior to the filing of the award of the condemnation commissioners, the condemnor applied to the circuit court for a writ of assistance, alleging the Walter J. Meyer refused to surrender possession of the premises and threatened physical violence against any person who attempted to take possession under one of the orders authorizing construction pending the hearing before the condemnation commissioners. The writ of assistance was granted. James D. Zakrajsheck was one of the attorneys of record for the condemnor in the application for the writ of assistance.
The condemnation commissioners filed their award, and the condemnees appealed to circuit court by filing a copy of the notice of appeal with the clerk, and sending a copy to Zakrajsheck at his office at the Wisconsin Electric Power Company. Zakrajsheck is a staff attorney employed by the Electric Power Company. He filed a motion to dismiss the appeal on the ground that he was not an officer or director of the condemnor and was not its agent for service of process. Therefore, he concluded that the notice of appeal had not been served on the condemnor within the sixty days provided by sec. 32.06(10), Stats., and that the court did not have personal jurisdiction over the condemnor.
In dismissing the appeal, the trial court relied on Fontaine v. Milwaukee County Expressway Comm. (1966), 31 Wis.2d 275, 143 N.W.2d 3. In that case, notice of appeal had been delivered to the attorneys who represented the condemnor in the hearing before the condemnation commission. The question was whether service on these attorneys constituted service on the condemnor. We noted that if the attorneys had appeared in the proceedings, they would have been...
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519 Corp. v. State Dept. of Transp., Division of Highways, 77-101
...of procedural defects in the exact manner of service (I. e. regular mail, not certified mail);" Meyer v. Wisconsin Electric Power Co., 60 Wis.2d 175, 177, 208 N.W.2d 321, 322 (1973) (sec. 32.06(10)(a), Stats.); Fontaine v. Milwaukee County Expressway Comm., 31 Wis.2d 275, 279, 143 N.W.2d 3 ......
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Petition of Wisconsin Elec. Power Co. for Condemnation of Certain Easements in Certain Lands in City of Kenosha and Town of Pleasant Prairie, Kenosha County, 81-777
...the party. Big Valley Farms, Inc. v. Public Service Corp., 66 Wis.2d 620, 624, 225 N.W.2d 488, 490 (1975); Meyer v. Wis. Elec. Power Co., 60 Wis.2d 175, 176-77, 208 N.W.2d 321 (1973); Fontaine v. Milw. Co. Expressway Comm., 31 Wis.2d 275, 278, 143 N.W.2d 3 (1966). Nevertheless this court ha......
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Wisconsin Public Service Corp. (State Report Title: Big Valley Farms v. Public Service Corp.), In re
...to obtain jurisdiction over a person, a summons must be served in a manner prescribed by the statutes.10 Meyer v. Wisconsin Electric Power Co. (1973), 60 Wis.2d 175, 208 N.W.2d 321; Fontaine v. Milwaukee County Expressway Comm. (1966), 31 Wis.2d 275, 143 N.W.2d 3.11 Meyer v. Wisconsin Elect......