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NARLOCH v. DEPARTMENT OF TRANSPORTATION

No. 82-052.

110 Wis.2d 274 (1982)

328 N.W.2d 875

Andrew F. NARLOCH and Ann Narloch, his wife, Plaintiffs-Appellants, v. State of Wisconsin, DEPARTMENT OF TRANSPORTATION, Division of Highways, District II, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 10, 1982.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the brief of Thomas W. Koss of MacDonald & Koss of Union Grove.

For the defendant-respondent the cause was submitted on the brief of Cramer, Multhauf & Curran of Waukesha.

Before Voss, P.J., Brown and Scott, JJ.

SCOTT, J.

The dispositive issue on appeal is whether the trial court committed reversible error by excluding the condemnees' expert testimony regarding damages due to loss of access to the state highway abutting the condemnees' property. Because we hold that sec. 32.09(6) (b), Stats., recognizes the Narlochs' loss of access as an item of loss or damage to property, we reverse.

In 1972, the Narlochs purchased property fronting on Highway 59 in Waukesha county...

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