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GRULKOWSKI v. DEPARTMENT OF TRANSP.

No. 80-061.

97 Wis.2d 615 (1980)

294 N.W.2d 43

Donald S. GRULKOWSKI and Carol Jean Grulkowski, Respondents, v. State of Wisconsin, DEPARTMENT OF TRANSPORTATION, Appellant.

Court of Appeals of Wisconsin.

Decided May 13, 1980.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the petition of Charles A. Bleck, assistant attorney general.

For the respondents the cause was submitted on the response of C. Michael Chambers of Cochrane.

Before Donlin, P.J., Foley, J., and Dean, J.

DEAN, J.

The Wisconsin Department of Transportation sought to condemn a scenic easement to property belonging to the Grulkowskis. The Grulkowskis filed a complaint alleging that the state, through the Department of Transportation, had no right to condemn the property either as to the quantity of land sought to be condemned or the rights and interests sought to be restricted. The state moved to dismiss on the grounds that the court lacked jurisdiction and the complaint...

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