No.
96-1336
STATE OF WISCONSIN IN COURT OF APPEALS
DISTRICT III
GEORGE D. FRENCH, JR.,
D/B/A
ORDE ADVERTISING
COMPANY,
Petitioner-Appellant,
v. ERRATA SHEET
RONALD R. FIEDLER,
SECRETARY
WISCONSIN DEPARTMENT
OF
TRANSPORTATION, AND
THE
WISCONSIN DEPARTMENT
OF
TRANSPORTATION,
Respondents-Respondents.
|
Marilyn
L. Graves Clerk
of Court of Appeals 231
East, State Capitol Madison,
WI 53702 |
Peg
Carlson Chief
Staff Attorney 119
Martin Luther King Blvd. Madison,
WI 53703 |
|
Court
of Appeals District I 633
West Wisconsin Ave. Milwaukee,
WI 53203 |
Court
of Appeals District II 2727
N. Grandview Blvd. Waukesha,
WI 53188-1672 |
|
Jennifer
Krapf Administrative
Assistant 119
Martin Luther King Blvd. Madison,
WI 53703 |
Court
of Appeals District IV 119
Martin Luther King Blvd. Madison,
WI 53703 |
|
Hon.
John P. Hoffman 811
Harding St. Waupaca,
WI 54981 Robert
W. Larsen P.O.
Box 7857 Madison,
WI 53707 |
Thomas
M. Olejniczak Box
23200 Green
Bay, WI 54305 Donald
Romundson Box
23200 Green
Bay, WI 54305 |
PLEASE TAKE NOTICE that
the attached page 6 is to be substituted for page 6 in the above-captioned
opinion which was released on January 22, 1997.
Dated this 26th day of March, 2005.
September 2,
1988, that its plans for the property after the widening "will not include
present or new locations for any outdoor advertising. Should the highway department not complete the widening for some
reason we would still expect the Orde billboards to be removed on or before
December 31, 1989."
This letter constitutes
written notice of the termination of the month-to-month tenancy. Orde received nearly sixteen months' notice
of the termination by this letter.
However, prior to the December 31, 1989, deadline, the State acquired
ownership of the property. In fact, in
an April 3, 1989, letter, the State informed Orde that it had acquired
ownership and, based on highway widening plans at the time, the signs could remain
until at least July 5, 1989, but that a notice to vacate could come at any
time thereafter. Even if this letter
were construed as a revised notice of termination of tenancy, Orde received a
minimum of three months' notice.
As it happened, Orde was
permitted to keep its signs on the property until they were removed on
May 8, 1990, thirteen months after the State's April 3, 1989, letter and
twenty months after the September 2, 1988, letter from the Diocese. Orde cannot complain that it had insufficient
notice of the termination of the lease.
When the State acquired
ownership, it also acquired the same rights of the original owner with respect
to this lease. As with the prior owner,
the new owner