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VIVID, INC. v. FIEDLER

No. 90-2787.

174 Wis.2d 142 (1993)

497 N.W.2d 153

VIVID, INC., a Wisconsin corporation, Plaintiff-Appellant, v. Ronald R. FIEDLER, Secretary of the Wisconsin Department of Transportation, and the Wisconsin Department of Transportation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided January 28, 1993.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Thomas S. Hornig and Marc T. McCrory of Brennan, Steil, Basting & MacDougall, S.C. of Janesville.

For the defendants-respondents the cause was submitted on the briefs of James E. Doyle, attorney general, and Donald W. Smith, assistant attorney general.

Brief of amicus curiae was filed by Thomas M. Olejniczak of Liebmann, Conway, Olejniczak & Jerry, S.C. of Green Bay on behalf of Outdoor Advertising Association of Wisconsin.

Before Gartzke, P.J., Dykman and Sundby, JJ.

SUNDBY, J.

Vivid, Inc., began this proceeding October 17, 1989, against the Wisconsin Department of Transportation under sec. 32.10, Stats., to recover compensation for the alleged taking of two of its outdoor advertising signs located adjacent to Interstate Highway 90 approximately one mile south of Janesville. Section 32.10 permits the owner of property which has been occupied by a person having the power of condemnation to institute condemnation proceedings by...

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