CIRCUIT COURT SUMMONS

Size: px

Start display at page:

Download "CIRCUIT COURT SUMMONS"

Lynn Cummings
5 years ago
Views:

1 STATE OF WISCONSIN CIRCUIT COURT PORTAGE COUNTY RICKY P. CHOJNACKI 7179 County Road B Stevens Point, WI Plaintiffs, Case No. 13 CV 27(0 Case Code 3oYOS""- DtL.... R",,1 Esk.1< vs. WISCONSIN PUBLIC SERVICE CORPORATION, 700 N. Adams Street Green Bay, WI Defendant. Clrcuij Court Portage County, Wis FILED AUG PATRICIA A. BAKER CLERK OF COURTS SUMMONS THE STATE OF WISCONSIN To each person named above as a defendant: You are hereby notified that the plaintiff named above has filed a lawsuit or other legal action against you. The complaint, which is attached, states the nature and basis of the legal action. Within 20 days of receiving this summons, you must respond with a written answer, as that term is used in chapter 802 of the Wisconsin Statutes, to the complaint. The court may reject or disregard an answer that does not fo llow the requirements of the statutes. The answer must be sent or delivered to the court, whose address is Portage County Circuit Court, 1516 Church Street, Stevens Point, Wisconsin, 54481, and to Lind Weininger LLC, Attorney Andrew Weininger, plaintiffs attorney, whose address is 8020 Excelsior Drive, Suite 402, Madison, Wisconsin, You may have an attorney help or represent you. If you do not provide a proper answer within 20 days, the court may grant judgment against you for the award of money or other legal action requested in the complaint, and you may lose your right to object to anything that is or may be incorrect in

2 the complaint. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property. FORPmFF: By: tlo ~ Andrew D. Weininge Lind Weininger LLC State Bar No Excelsior Drive Suite 402 Madison, WI (608) tel (608) fax Andrew@lindweininger.com

3 STATE OF WISCONSIN CIRCUIT COURT PORTAGE COUNTY RICKY P. CHOJNACKI 7179 County Road B Stevens Point, WI Plaintiffs, Case No. 13C V 2 70 Case Code 'S(J 4os-- ()\-Lor Red E>kk vs. WISCONSIN PUBLIC SERVICE CORPORATION, 700 N. Adams Street Green Bay, WI Defendant. Circutt Court Portage County, Wis FILED AUG PATRICIA A. BAKER CLERK OF COURTS COMPLAINT 1. Plaintiff Ricky P. Chojnacki is an adult resident of the State of Wisconsin, who owns land in Portage County. 2. Defendant Wisconsin Public Service Corporation is a Wisconsin corporation with its registered agent for service of process at 8040 Excelsior Drive, Suite 200, Madison, Wisconsin, Defendant has the power of eminent domain pursuant to Wis. Stat The events set forth in this complaint occurred in Portage County, Wisconsin. 5. In 2013 defendant needed an easement to relocate a pipeline due to a roadway project in the vicinity of plaintiffs land (the "Easement"). 6. On or about January 15, 2013, defendant sent plaintiff a letter about purchasing the Easement over plaintiff s property. Plaintiff believed that he was required to sell the Easement to defendant, or else defendant would condemn his property by eminent domain.

4 7. A true and correct copy of the Easement is attached as Exhibit A and incorporated by reference herein. 8. Prior to signing the Easement, defendant did not provide plaintiff with an appraisal or inform plaintiff of his rights as a landowner such as his ability to have an appraisal prepared as required by 32.06(2), defendant did not provide plaintiff with the applicable pamphlets as required by Wis. Stat (2a) and 32.26(2), and defendant did not provide plaintiff with the names of other affected property owners or allow plaintiff the opportunity to examine relevant maps as required by 32.06(2a). 9. After the Easement was signed and recorded with the register of deeds, plaintiff did not record a "certificate of compensation" as is required under Wis. Stat (2a). 10. Plaintiff was not adequately informed in the transaction and did not understand the proposed pipeline route or the full scope of the property rights encompassed by the Easement. '. 11. Plaintiff did not think that he had a choice in selling the Easement. Plaintiff was not aware of his rights under Chapter 32 of the Wisconsin Statutes. First Cause of Action - Petition under Wis. Stat (2a) 12. Plaintiff repeats and re-alleges the paragraphs pled above. 13. Plaintiff hereby petitions under Wis. Stat (2a) for greater compensation and requests that this Honorable Judge assign the matter to the chairperson of the county condemnation commissioners for a hearing under Wis. Stat (8). Second Cause of Action - Wis. Stat Plaintiff repeats and re-alleges the paragraphs pled above. 15. Plaintiff moves the Court to declare his interest to be unburdened by defendant's void easement and/or to extinguish defendant's easement due to the fact that it is voidable for having failed to follow one or more statutory requirements for the acquisition of such an easement and/or for equitable reasons. Relief Reg nested Wherefore, based on the foregoing allegations, plaintiff Ricky P. Chojnacki respectfully requests that this Court grant relief against defendant Wisconsin Public Service Corporation as follows:

5 A. An order immediately assigning this matter to the county condemnation commission for the determination of just compensation pursuant to Wis. Stat (2a); B. An order voiding the Easement or declaring it void; C. An award of reasonable attorneys' fees, costs, and expenses, to be paid by Wisconsin Public Service Corporation pursuant to Wis. Stat ; D. Such other and further relief as may be just and proper. DATED at Madison, Wisconsin, this ~ day of August, Excelsior Drive Suite 402 Madison, WI (608) tel (608) fax Andrew@lindweininger.com By:_~~--=--.:...:;...--=-~_~-+- Andrew D. Weininger Lind Weininger LLC State Bar No I, Ricky P. Ch.ojnacki, being first duly sworn, on oath, state that I personally read the above complaint, and that the above allegations paragraphs 1-11 are true based on my personal knowledge except that paragraphs 2, 3, and 9 are stated on information and belief, and I believe them to be true.

6 STATE OF WISCONSIN ) ) ss COUNTY OF PORTAGE) Sworn to before me this L day Of~, ANDREW D. WEININGER Notary Public State of Wisconsin My commission expires, or is pennanent. Notary Public or (official title if not notary)

7 UNOFFICIAL COpy 1111I~llllllllil~11 ~ T)(: S\'b CYNTHIA A WISlNSJa PORTAGE COUNTY STEVENS POINT, WI NATURAL GAS MAIN EASEMENT RECORDED ON 02/11/ :58 AM 18 REC FEE: nus INDENTURE, made this day ofclljtjj4&i between, PAGES: 2 Rickv P. Chojnacki_hereinafter called "Grantor" for FEE EXEMPT: t paid by WISCONSIN PUBLI('; SERVICE CORPORATION, 700 N. Adams Street, Green Bay, WISCOnsin , a Wisconsin Corporation, its successors and assigns hereinafter called ngrantee", receipt whereof is hereby acknowledged, does hereby grant unto said Grantee, its successors and assigns. the perpetual right, permission. authority, privilege and easement, to construct, install, operate, maintain, remove, and replace necessary and usual appurtenant equipment, all for the purpose of gas service Return to: upon, over, across, within, and beneath certain easement areas as described Wisconsin Public Service Corp. below, or on attached Exhibit ItAct, on land owned by said Grantor in the Town Real Estate Dept of Stockton, County or Portage, Sfate OrWiscoDSin, described as follows, to P.O. Box Green Bay, WI wit: Part of Lot 1 of Certified Survey Map Number being part of the Northeast Quarter of the N~east Quarter (NElI4-NE1I4) of Section 29, Township 23 North, Range 9 East. Parcel Identification Number (PIN) () O1.02 The easement area described as follows: The Southerly 12 feet and the Westerly 12 feet of the above described Lot 1. The Grantee shall have the right to go upon the Grantors property outside of the easement area for the purpose of gaining access to the easement area in the event direct access to the easement area is not possible. Grantee shall notify the Grantor, when possible, before going upon the Grantor's property, except in the event of an emergency. The Grantee shall refill any trenches in which gas mains are Iaids promptly and properly tamp the same and restore the surface of the ground and if the Grantee shall at any future time open said trencbes for the purpose of repairing, renewing, or removing said gas mains, it will, as soon as said work is done, restore the surface of the groldld, and that all work perfonned by the Grantee on said land will be perfonned in a proper workmanlike manner, and that during the progress of the work, the Grantee will properly safeguard said trench. The Grantee shall have the right to control au brush and trees Within the easement area by cutting, trimming, chemically treating and/or other means as detennined by the Grantee which in its judgment may interfere with or endanger said gas facilities. The Grantor further grants to the Grantee, its successors and assigns, the perpetual right, privilege and easement to enter upon said strip of land for the purpose of laying, patrolling, repairing, renewing or removing the said facilities. The Grantor agrees that it will not construct any improvements, including buhdings, concrete structures, or other objects, or change the grade more than four (4) inches over any gas main or service, without first securing the prior written consent of the Grantee. This agreement is to insure the confonnance of the use of the easement with the Wisconsin Gas Safety Code and the Grantee's construction standards. EXB A 1 of 2

8 .. UNOFRCIAL COPY. ~ Grantee shall indemnify and hold Grantor harmless from and against any liability associated with Grantee's use or occupation.. of the Easement Area, except where such liability arises from the negligence or willful misconduct of Grantor. The covenants herein contained shall bind the parties hereto and their respective beirs, executors. administrators, successors, and assigns. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed in its corporate name by its proper officers duly authorized and its corporate seal to be hereunto affixed the day and year first above written. f?4d~ Ri~1cy P. ChojnaCki STATE OF COUNTY OF.. ~w.., , \.~~A..... " ~ ~:::VI'I.t... e. ~ ".,e Aa -.. I... O~.\ ~ -~; '-f_.~. ~a:~~'~j~: ~.~. ~O,;"~: ~...' rcons\~,o' saj:lt%<lj. ~ Print Name Meu.~ 0 ~~~E"R-S()~ Notary Public, State of ~ l ~ C. 0 ~S I Jj My Commission expires: N0" 01,,bO''-D ActingintheCountyof pc~~ to me known to This instrument drafted by: DE Mathys ~~~~CO~N-S-~--P-U-BL-I-C-S-ER~~~C-E-O-O-RP~O-RA--TI-O-N~~~~--~ RIC # 064 LOCATION Stevens Point 700 N. Adams Street, Green Bay, Wisconsin EXH A 2 of 2

PERMANENT DRAINAGE EASEMENT

City Project No. Project Name: ; Tr. # Parcel No. (LLC, Corporation, Partnership) PERMANENT DRAINAGE EASEMENT THIS AGREEMENT, made and entered into this day of, 201, by and between, a, hereinafter called