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PULVERMACHER ENTERPRISES, INC. v. DOT

No. 91-0974.

166 Wis.2d 234 (1991)

479 N.W.2d 217

PULVERMACHER ENTERPRISES, INC., Plaintiff-Respondent, v. State of Wisconsin, DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 18, 1991.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, there were briefs by James E. Doyle, attorney general, and Michael E. Perino, assistant attorney general. There was oral argument by Michael E. Perino, assistant attorney general.

On behalf of the plaintiff-respondent, there were briefs and oral argument by Michael P. Lehner of Lehner Law Office of Princeton.

Before Nettesheim, P.J., Brown and Anderson, JJ.

BROWN, J.

This is the state's appeal from an order in a condemnation case. Here, the condemnee's building sat on both the condemned property and on adjacent property owned by the state. The state's appraiser refused to give any value to the building, opining that the building illegally encroached upon the state's property.

The central issue is whether the trial court had authority to determine an adverse possession...

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