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DORSCHNER v. TRANSPORTATION DEPT.

No. 93-2936.

183 Wis.2d 236 (1994)

515 N.W.2d 311

Darrell L. DORSCHNER and Ione H. Dorschner, Plaintiffs-Respondents, v. State of Wisconsin, DEPARTMENT OF TRANSPORTATION, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 22, 1994.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of James E. Doyle, attorney general, and Daniel S. Farwell, assistant attorney general.

For the plaintiff-respondent the cause was submitted on the brief of Kenneth F. Rottier of Lubinski, Rottier, Reed & Klass, S.C., of Seymour.

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

MYSE, J.

The State of Wisconsin Department of Transportation appeals a judgment denying it the recovery of $21,600, the difference between the purchase price negotiated pursuant to condemnation proceedings and the value of the land taken as determined by the jury. The State contends that the trial court erred by concluding that it was not entitled to recover a $21,600 judgment because it did not reserve its right to such judgment in the purchase agreement. The State...

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