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MITTON v. TRANSPORTATION DEPT.

No. 93-0160.

179 Wis.2d 321 (1993)

507 N.W.2d 126

William H. MITTON and Suzanne Petru, Plaintiffs-Appellants, v. Wisconsin DEPARTMENT OF TRANSPORTATION, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 14, 1993.

Attorney(s) appearing for the Case

On behalf of the appellants, the cause was submitted on the briefs of Hugh R. Braun and Beth A. Thorson of Godfrey, Braun & Hayes, and the oral argument of Hugh R. Braun of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Daniel S. Farwell, assistant attorney general, and the oral argument of Daniel S. Farwell.

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

CANE, P.J.

William Mitton and his sister, Suzanne Petru, (the Mittons) appeal an order granting a Wisconsin Department of Transportation (DOT) cross-motion for summary judgment and dismissing the Mittons' complaint. The suit was brought under sec. 32.05(5), Stats.,1 to contest the DOT's authority to condemn the Mittons' property. The trial court found that the DOT had authority to condemn the property under sec. 85.04, Stats.

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