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BRONFMAN v. DOUGLAS COUNTY

No. 91-0375.

164 Wis.2d 718 (1991)

476 N.W.2d 611

IN the MATTER OF the CONDEMNATION by the City of Superior, Douglas County, Wisconsin, OF PROPERTY OWNED BY Dame Mildred Q. BRONFMAN, Bernard Lande, and her husband, Thirty-Six Developments (Canada) Ltd., Berland Holdings, Inc., The Equitable Life Assurance Society of The United States, National Super Markets Inc., Gateway Foods, Inc., and Miners Incorporated: Dame Mildred Q. BRONFMAN, Bernard Lande, her husband, Thirty-Six Developments (Canada) Ltd., and Berland Holdings, Inc., Appellants, v. DOUGLAS COUNTY, Respondent.

Court of Appeals of Wisconsin.

Decided September 24, 1991.

Attorney(s) appearing for the Case

On behalf of appellants, the cause was submitted on the brief of Gaylord W. Swelbar of Hanft, Fride, O'Brien, Harries, Swelbar & Burns, P.A. of Duluth, Minnesota.

On behalf of respondent, the cause was submitted on the brief of Frederic P. Felker, Douglas County corporation counsel, of Superior.

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

LAROCQUE, J.

The owners of a condemnation award deposited with the clerk of circuit court by the condemnor pending the owners' appeal challenge a judgment upholding the payment of the accumulated interest on the funds to the Douglas County general fund pursuant to sec. 59.42(2), Stats. The owners argue that the statute does not apply to interest on money tendered into court for the benefit of the parties in civil litigation, and also that the county's retention of...

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