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REEL ENTERPRISES v. CITY OF LAW CROSSE

No. 86-0746.

146 Wis.2d 662 (1988)

431 N.W.2d 743

REEL ENTERPRISES, a Wisconsin partnership, Harold Swanson, Sr., Harold Swanson, Jr., Robert L. Swanson, Gary R. Swanson and Swanson Heavy Moving Company, Inc., Petitioners-Appellants, v. CITY OF LA CROSSE, a municipal corporation, and Wisconsin Department of Natural Resources, Respondents.

Court of Appeals of Wisconsin.

Decided September 29, 1988.

Attorney(s) appearing for the Case

For the petitioners-appellants there were briefs by James G. Curtis and Hale, Skemp, Hanson & Skemp, and oral argument by James G. Curtis.

For the respondent Wisconsin Department of Natural Resources there was a brief by Bronson C. La Follette, attorney general, and Thomas L. Dosch, assistant attorney general, and oral argument by Thomas L. Dosch, assistant attorney general.

For the respondent City of La Crosse there was a brief by Patrick J. Houlihan, city attorney, and oral argument by Thomas L. Jones, III, assistant city attorney.

Before Gartzke, P.J., Dykman and Eich, JJ.

GARTZKE, P.J.

Reel Enterprises, its individual partners and Swanson Heavy Moving Company, Inc., appeal from a judgment dismissing their complaint for inverse condemnation against the City of La Crosse and the Department of Natural Resources. The theory of the complaint is that the DNR's acts in pursuit of but before the adoption of a floodplain zoning ordinance for the city, pursuant to sec. 87.30, Stats., and DNR's other...

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