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HOWELL PLAZA, INC. v. STATE HIGHWAY COMM.

No. 330.

66 Wis.2d 720 (1975)

226 N.W.2d 185

HOWELL PLAZA, INC., Respondent, v. STATE HIGHWAY COMMISSION, Appellant.

Supreme Court of Wisconsin.

Decided February 17, 1975.

Attorney(s) appearing for the Case

For the appellant the cause was argued by Charles A. Bleck, assistant attorney general, with whom on the briefs was Robert W. Warren, attorney general.

For the respondent there was a brief by Jeffrey S. Schuster and Hersh & Stupar, S. C., and oral argument by Morton Gollin, all of Milwaukee.

HEFFERNAN, J.

Howell Plaza, Inc., a shopping center corporation, petitioned the circuit court to order the State Highway Commission to proceed with the condemnation of the property of the Howell Plaza Corporation, which the petitioner claims has been "occupied" by the commission, but in respect to which it has not undertaken condemnation proceedings. In response to the petition, the commission moved to dismiss because Howell Plaza

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