Real Estate & Property Law

Rare Suit by a Community Against Its Eminent Domain Counsel

By Alan Ackerman

Green Bay Press Gazette

The city of Green Bay has filed suit against a lawyer who advised it in 2003 during the city's condemnation proceedings with the old Younkers building.
The city claims that Benjamin Southwick of Richland Center failed to correct an appraisal error that led to a $6.4 million judgment against the city and in favor of Wisconsin Mall Properties, the owner of the building.

It is close to never that a community will sue its lawyer for malpractice.  First, there is some precedent which holds that a community that takes land is sophisticated enough that it should have been aware of the mistake (slightly counterintuitive, I guess).  Second, very few communities will admit that it could have made the mistake of hiring the wrong lawyer to handle the condemnation.  After all, we all know our governmental agencies are omniscient.

Full post as published by National Eminent Domain Blog on September 30, 2009 (boomark / email).