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LEATHEM SMITH LODGE, INC. v. STATE

No. 77-221.

94 Wis.2d 406 (1980)

288 N.W.2d 808

LEATHEM SMITH LODGE, INC., and others, Condemnee-Respondents, v. STATE, Condemnor-Appellant.

Supreme Court of Wisconsin.

Decided March 4, 1980.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and David T. Flanagan, assistant attorney general.

For the respondents the cause was submitted on the brief of Roger Pinkert and Pinkert, Smith, Koehn & Weir of Sturgeon Bay.

HEFFERNAN, J.

This is an appeal by the State of Wisconsin from a judgment awarding damages to Leathem Smith Lodge for the condemnation of a portion of its property for highway purposes. The state's principal argument on appeal is that the trial court erroneously excluded the opinion evidence of its appraisers based upon the income and net profits of the Leathem Smith Lodge. We conclude that the trial court, utilizing appropriate standards, properly exercised its discretion...

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