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VAN ASTEN v. DOT

No. 96-1835.

214 Wis.2d 135 (1997)

571 N.W.2d 420

Floyd J. VAN ASTEN and Irene M. Van Asten, Plaintiffs-Respondents-Cross Appellants, v. STATE OF WISCONSIN DEPARTMENT OF TRANSPORTATION, Defendant-Appellant-Cross-Respondent.

Court of Appeals of Wisconsin.

Decided October 8, 1997.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant-cross respondent, the cause was submitted on the briefs of James E. Doyle, attorney general, and Kathleen M. Ptacek, assistant attorney general. Oral argument was by Kathleen M. Ptacek.

On behalf of the plaintiffs-respondents-cross appellants, the cause was submitted on the briefs of David J. Van Lieshout of Van Lieshout Law Offices of Little Chute and Benjamin Southwick of Richland Center. Oral argument was by Benjamin Southwick.

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

ANDERSON, J.

The State of Wisconsin Department of Transportation appeals and Floyd J. and Irene M. Van Asten (the Van Astens) cross-appeal from an order awarding postverdict litigation expenses to the Van Astens under § 32.28(3)(e), STATS. Because we agree with the Department's argument that the jury verdict of $600,000 failed to exceed by at least $700 and at least 15% the $525,000 jurisdictional offer or the $525,000 highest written offer for the property condemned...

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