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SIPPEL v. CITY OF ST. FRANCIS

No. 90-2307.

164 Wis.2d 527 (1991)

476 N.W.2d 579

Elroy J. SIPPEL and Sylvia G. Sippel, Plaintiffs-Respondents-Cross Appellants, v. CITY OF ST. FRANCIS, a Wisconsin Municipal Corporation, Defendant-Appellant-Cross Respondent.

Court of Appeals of Wisconsin.

Decided September 10, 1991.

Attorney(s) appearing for the Case

For the defendant-appellant-cross respondent the cause was submitted on the briefs of Richard H. Staats, city attorney for the City of St. Francis, of Staats & Staats, Cudahy.

For the plaintiffs-respondents-cross appellants the cause was submitted on the briefs of Thomas L. Frenn of Frenn & Jakus, West Allis.

Before Moser, P.J., Sullivan and LaRocque, JJ.

SULLIVAN, J.

The City appeals from a bench trial judgment requiring it to pay an apartment complex owner for a constructive taking as a result of street improvements. The owners cross-appeal from a jury verdict which found special benefits conferred upon the complex as a result of the improvements. We conclude that the owners' loss of access to twenty parking spaces does not constitute a constructive taking because the owners were not denied all or substantially all...

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