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Council disallows $600,000 inverse‑condemnation claim related to denied driveway permit
Summary
The council voted 15–0 to disallow a $600,000 inverse‑condemnation claim filed by Chad Stouthammer after city attorneys said denial of the driveway permit was an exercise of police power and not a compensable taking; staff noted alternative access to the property and that the claim shortens the litigation window to six months.
The Waukesha City Council on May 19 moved to disallow a $600,000 claim filed by Chad Stouthammer that alleged an unconstitutional taking after the city denied a driveway permit.
Brian, the city attorney, told the council that the permit denial stems from engineering and land‑use practice: the stub street in question was intended to align with a future subdivision and not to serve as private driveway access from an adjacent community. The city concluded the denial was a valid exercise of police power and did not rise to a compensable taking under the Fifth Amendment.
Brian explained that the property has other access via Salesville Road and a farm road; the claim seeks compensation for alleged loss of value through what the claimant calls inverse condemnation, but the attorney recommended disallowance because the regulation limiting driveway access is lawful and proportional. Council moved, seconded and voted to disallow the claim; the transcript records the motion passing 15–0.
The attorney cautioned that disallowing the claim in this forum is not the final word on potential litigation: the action shortens the statutory period for filing a suit against the city from six years to six months, which is a procedural step that preserves the city’s defenses and moves any dispute to the courts if the claimant pursues litigation.
What next: The disallowance limits the administrative recovery route and accelerates the timetable for any lawsuit; city staff and legal counsel will continue to monitor and defend any court filings related to this matter.
