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SURETY SAVINGS & LOAN ASSO. v. STATE

Nos. 94, 95.

54 Wis.2d 438 (1972)

195 N.W.2d 464

SURETY SAVINGS & LOAN ASSOCIATION, Appellant, v. STATE OF WISCONSIN (Division of Highways), Respondent. KILIAN and wife, Appellants, v. STATE, Respondent.

Supreme Court of Wisconsin.

Decided March 28, 1972.

Attorney(s) appearing for the Case

For the appellant in Case No. 94 there was a brief by Hugh R. Braun, attorney, and Peregrine, Marcuvitz, Cameron, Braun & Peltin, S.C., of counsel, all of Milwaukee, and oral argument by Hugh R. Braun.

For the appellants in Case No. 95 there was a brief by Schroeder, Gedlen, Riester & Moerke, attorneys, and Ewald L. Moerke, Jr., and Lewis A. Posekany, Jr., of counsel, all of Milwaukee, and oral argument by Ewald L. Moerke, Jr.

For the respondent in Case No. 94 the cause was argued by William H. Wilker, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

For the respondent in Case No. 95 the cause was argued by William H. Wilker, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

HANLEY, J.

The sole issue presented on this appeal is whether appellants should be compensated for damages suffered because of the termination of their right to direct access to U. S. Highway 41.1

Compensation would be required if a property right was so impaired as to amount to a taking of land. Such would be the case if action by the state resulted in denying all access to a parcel...

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