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NARLOCH v. DEPARTMENT OF TRANSPORTATION

Nos. 82-052, 82-462, 82-463.

115 Wis.2d 419 (1983)

340 N.W.2d 542

Andrew F. NARLOCH and Ann Narloch, his wife, Plaintiffs-Appellants, v. State of Wisconsin, DEPARTMENT OF TRANSPORTATION, Division of Highways, Division II, Defendant-Respondent-Petitioner. [No. 82-052.] Hugh L. PORTER, Howard Porter and George Porter, d/b/a Porter Brothers, a partnership, Plaintiffs-Condemnees-Respondents, v. State of Wisconsin, DEPARTMENT OF TRANSPORTATION, Division of Highways, Division II, Defendant-Condemnor-Appellant. [No. 82-462.] Gordon F. MARTY and Eunice G. Marty, his wife, Plaintiffs-Condemnees-Respondents, v. State of Wisconsin, DEPARTMENT OF TRANSPORTATION, Division of Highways, Division II, Defendant-Condemnor-Appellant. [No. 82-463.]

Supreme Court of Wisconsin.

Decided November 30, 1983.

Attorney(s) appearing for the Case

For the State of Wisconsin there were briefs by James W. Hammes, Clayton A. Cramer and Cramer, Multhauf & Curran, Waukesha, and oral argument by James W. Hammes and Clayton A. Cramer.

For the plaintiffs-appellants and plaintiffs-condemnees-respondents there were briefs by Thomas W. Koss, James D. MacDonald and MacDonald and Koss, Union Grove, and oral argument by Thomas W. Koss.

WILLIAM A. BABLITCH, J.

This is a consolidation of three cases. In case No. 82-052, the State of Wisconsin, Department of Transportation, Division of Highways (Department) seeks review of a decision of the court of appeals, which reversed a judgment and granted the Narlochs a new trial to determine damages arising from a condemnation. In case No. 82-462, the Department appeals from a judgment awarding the Porters damages...

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