W.H. PUGH COAL CO. v. STATE

No. 89-1746.

157 Wis.2d 620 (1990)

460 N.W.2d 787

W.H. PUGH COAL COMPANY, Plaintiff-Respondent, v. STATE of Wisconsin, Defendant-Appellant, COUNTY OF RACINE, Defendant.

Court of Appeals of Wisconsin.

Decided August 8, 1990.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Donald J. Hanaway, attorney general, and Diane M. Nicks and Daniel S. Farwell, assistant attorneys general.

On behalf of the plaintiff-respondent, the cause was submitted on the briefs of William C. Lewis, Jr., of Stolper, Koritzinsky, Brewster & Neider, S.C., of Madison; and John S. Burgess and John Barry Stutt of Stewart, Peyton, Crawford, Crawford & Stutt of Racine.

Before Nettesheim, P.J., Scott, J., and Circuit Judge Daniel P. Anderson, acting.


SCOTT, J.

A jury determined that the state of Wisconsin effected a temporary taking of property belonging to the W.H. Pugh Coal Company without paying Pugh just compensation. The state appeals, challenging the underlying "taking," the amount and allocation of damages and the propriety and reasonableness of the attorneys' fees awarded Pugh. We affirm the damage award flowing from the taking but reverse Pugh's attorneys' fees award and reject Pugh's request for double...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases