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TOWN OF PORTLAND v. WEPCO

No. 93-0847.

198 Wis.2d 775 (1995)

543 N.W.2d 559

TOWN OF PORTLAND, and Dodge County, Plaintiffs-Respondents, v. WISCONSIN ELECTRIC POWER COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 21, 1995.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of James H. Baxter III of Quarles & Brady of Milwaukee.

For the plaintiffs-respondents the cause was submitted on the brief of Robert M. Hesslink, Jr. and Natalie M. King of Hesslink Law Offices, S.C. of Verona.

Before Dykman, Sundby and Brown, JJ.

SUNDBY, J.

The appellant electric power utility, Wisconsin Electric Power Company (WEPCO), appeals from an order denying its claim against Dodge County for its cost of relocating its utility structures from the Town of Portland's highway setback. We affirm that part of the order denying WEPCO's claim for the cost of relocating the utility's aboveground structures, but reverse the order insofar as it denies WEPCO's claim...

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