LAUBE v. CITY OF OWEN

No. 96-2717.

209 Wis.2d 12 (1997)

561 N.W.2d 785

Terry and Cathy LAUBE, and Richard and Harriet Laube, Plaintiffs-Respondents, v. CITY OF OWEN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 13, 1997.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the motion of Richard J. Weber of Kelley, Weber, Pietz & Slater of Wausau.

For the plaintiff-respondent the cause was submitted on the brief of Alan Marcuvitz and Andrea H. Roschke of Weiss, Berzowski, Brady & Donahue of Milwaukee.

Before Vergeront, Roggensack and Deininger, JJ.


PER CURIAM.

Respondents Terry and Cathy Laube and Richard and Harriet Laube move to dismiss part of this appeal by the City of Owen. The issue is whether an order on the merits of a condemnation action under ch. 32, STATS., is final, for purposes of appeal, even though a request for an award of litigation expenses under § 32.28, STATS., remains pending. We conclude the order is final. Therefore, we grant the motion to dismiss.

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