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RED TOP FARMS v. TRANSPORTATION

No. 92-2461.

177 Wis.2d 822 (1993)

503 N.W.2d 354

RED TOP FARMS, Plaintiff-Respondent, v. State of Wisconsin DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 23, 1993.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Thomas B. Hartley of Heide, Hartley, Thom, Wilk & Guttormsen of Kenosha.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James D. MacDonald of MacDonald & MacDonald, S.C. of Union Grove.

Before Nettesheim, P.J., Brown and Snyder, JJ.

BROWN, J.

This case concerns the state's condemning a portion of Red Top Farms' land adjacent to an interstate highway in order to relocate a frontage road. The state's action resulted in additional frontage on the relocated road and an increase in the value of Red Top Farms' remaining land. Nonetheless, the trial court declined to offset the value of the remaining land against the value of the land taken after noting that the law only allows an offset if the condemnee...

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