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TOOMBS v. WASHBURN COUNTY

No. 83-1882.

119 Wis.2d 346 (1984)

Robert E. Toombs and Betty J. Toombs, husband and wife, Plaintiffs-Respondents, v. WASHBURN COUNTY, a body politic, and Eugene Anderson, Washburn County Highway Commissioner, as agent for Washburn County, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided May 15, 1984.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Edwin W. Fischer, district attorney.

For the respondents the cause was submitted on the brief of Eugene D. Harrington of Spooner.

Before Foley, P.J., Dean and Cane, JJ.

CANE, J.

Robert and Betty Toombs successfully challenged Washburn County's attempt to condemn their property. The county and its highway commissioner appeal that part of a judgment awarding the Toombses litigation expenses under sec. 32.28(3) (b), Stats. They argue that the trial court based the award on its erroneous conclusion that the county had no right to condemn. Because the court also determined that the county failed...

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