Property owners in southeastern Wisconsin who believe they might not be fully compensated for land that Hon Hai Precision Industry Co, known as Foxconn Technology Group outside of Taiwan, needs to build a US$10 billion plant are appealing a ruling dismissing their case.
A dozen property owners in January filed a federal lawsuit, saying that the village of Mount Pleasant’s use of eminent domain is unconstitutional because it is for private rather than public benefit and the offers for their properties are too low.
The village is acquiring 7 hectares from landowners for the Foxconn complex.
The lawsuit said that the village was planning to label some properties as blighted, which the property owners said would violate their rights under the Fifth Amendment to the US constitution.
Judge Lynn Adelman of the US Eastern District of Wisconsin last month dismissed the suit, calling it “not cognizable.”
“That defendants offered to pay some property owners substantially more than others to acquire their properties is hardly ‘oppressive’ in any actionable sense,” Adelman wrote.
“The facts alleged in the operative complaint do not come close to allowing me to infer that defendants violated it,” she wrote.
The property owners’ attorney, Erik Olsen, filed the appeal on Tuesday, the Journal Times reported.
The legal appeal would not stop the project, Mount Pleasant’s attorney Alan Marcuvitz said.
“We do not believe there is any merit to this lawsuit, which was confirmed in the decision by the US District Court, granting the village’s motion to dismiss the case,” Marcuvitz said in a statement. “We are confident that the Appeals Court will reach the same conclusion.”
Hon Hai’s plant is to manufacture advanced LCD panels.
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