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ANDERSEN v. VILLAGE OF LITTLE CHUTE

No. 95-1677.

201 Wis.2d 467 (1996)

549 N.W.2d 737

Eric ANDERSEN, Mary Jo Andersen, Gary Weyers, Robert Leverenz, Jr., Otis Rice, Ferill Rice, Carl Giordana, A. J. Dragosh, Paul Feldkamp, and Brett Kindness, Plaintiffs-Respondents, v. VILLAGE OF LITTLE CHUTE, a Wisconsin municipal corporation, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 2, 1996.

Attorney(s) appearing for the Case

On behalf of defendant-appellant, the cause was submitted on the briefs of Charles D. Koehler of Herrling, Clark, Hartzheim & Siddall Ltd. of Appleton.

On behalf of plaintiffs-respondents, the cause was submitted on the brief of Mark B. Hazelbaker and Amelia McCarthy of Axley Brynelson of Madison.

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

LaROCQUE, J.

The Village of Little Chute appeals a judgment on a verdict and an order denying post-verdict motions. The circuit court upheld the jury's damage awards, one for diminished value of the plaintiffs-landowners' property as just compensation for the Village's temporary taking, and another based upon the Village's maintenance of a continuing private nuisance imposing serious personal discomfort from odors, noise, pollution and safety concerns. This lawsuit...

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