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CITY OF LA CROSSE v. SHIFTAR BROS.

No. 90-2046.

162 Wis.2d 556 (1991)

469 N.W.2d 915

IN the MATTER OF the ACQUISITION OF the REAL PROPERTY OF SHIFTAR BROS., INC., FOR GILLETTE STREET BY the CITY OF LA CROSSE, MUNICIPAL CORPORATION OF the STATE OF WISCONSIN: CITY OF LA CROSSE, Appellant, v. SHIFTAR BROS., INC., Respondent.

Court of Appeals of Wisconsin.

Decided April 23, 1991.

Attorney(s) appearing for the Case

On behalf of appellant, the cause was submitted on the briefs of John K. Flanagan and John P. Stuber of Sauer, Becker, Flanagan & Lynch, Ltd. of La Crosse.

On behalf of respondent, the cause was submitted on the brief of William P. Skemp and Ann I. Brandau of Hale, Skemp, Hanson & Skemp of La Crosse.

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

MYSE, J.

The city of La Crosse appeals an order denying its motions to dismiss the appeal of a condemnation award and to vacate the assignment of that appeal to the La Crosse County Condemnation Commission. The city contends that the court lacked authority to assign the appeal to the condemnation commission because Shiftar Bros., Inc., failed to timely serve notice of its appeal. The city also argues that serving notice on the city attorney was inadequate because...

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