HASSELBLAD v. CITY OF GREEN BAY

No. 87-2261.

145 Wis.2d 439 (1988)

427 N.W.2d 140

Walter HASSELBLAD and Marie Hasselblad, d/b/a Hasselblad Machine Company, Plaintiffs-Appellants, v. CITY OF GREEN BAY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided June 7, 1988.


Attorney(s) appearing for the Case

For appellants there were briefs and oral argument by George Burnett and Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay.

For respondent there was a brief by Timothy J. Kelley, city attorney, and James M. Kalny, assistant city attorney, and oral argument by Timothy J. Kelley, Green Bay.

Before Cane, P.J., LaRocque and Myse, JJ.


LaROCQUE, J.

The plaintiffs, Walter and Marie Hasselblad, d/b/a Hasselblad Machine Company, seek to have declared unconstitutional the Wisconsin statute setting a $50,000 limit on business replacement damages in eminent domain proceedings. They claim that the limit is contrary to art. I, sec. 13, of the Wisconsin Constitution, which provides: "The property of no person shall be taken for public use without just compensation therefor." Because the Hasselblads

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