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GOTTSACKER REAL ESTATE CO., INC. v. STATE

No. 84-943.

121 Wis.2d 264 (1984)

359 N.W.2d 164

GOTTSACKER REAL ESTATE COMPANY, INC., Plaintiff-Respondent, v. STATE of Wisconsin, Department of Transportation, Division of Highways, Defendant-Appellant. Richard J. GOTTSACKER, Plaintiff-Respondent, v. STATE of Wisconsin, Department of Transportation, Division of Highways, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 24, 1984.

Attorney(s) appearing for the Case

For the defendant-appellant, the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Robert W. Larsen, assistant attorney general.

For the plaintiffs-respondents, the cause was submitted on the brief of Jerome L. Fox, of Olson, Winter and Fox, of Two Rivers, and Carroll B. Callahan, of Callahan and Arnold, of Columbus.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

SCOTT, C.J.

The State of Wisconsin appeals from that part of the judgment awarding litigation expenses, together with interest, under sec. 32.28, Stats., to Gottsacker Real Estate Company, Inc. and Richard J. Gottsacker (Gottsacker).

Gottsacker (highway condemnee) is entitled to litigation expenses under sec. 32.28(3) (e), Stats., if the jury award exceeds the jurisdictional offer. In this case, however, the state...

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