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DOT v. PETERSON

No. 97-2718.

218 Wis.2d 473 (1998)

581 N.W.2d 539

STATE of Wisconsin DEPARTMENT OF TRANSPORTATION, Petitioner-Appellant, v. Keith J. PETERSON, Chairman, Douglas County Condemnation Commission, Respondent-Respondent, HARBOR MALL PROPERTIES LIMITED PARTNERSHIP, Henry Cohen and Edith Cohen, Intervening-Respondents.

Court of Appeals of Wisconsin.

Decided March 31, 1998.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Kathleen M. Ptacek and Charles R. Larsen, assistant attorneys general.

On behalf of the respondents, the cause was submitted on the brief of Don Bye of Weiby, Maki, Durst, Ledin, Bick & Lehr, S.C., and Keith J. Peterson of Superior.

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

HOOVER, J.

The Wisconsin Department of Transportation appeals the trial court's order denying its petition for a writ of prohibition. The DOT condemned property belonging to Harbor Mall Properties and Henry and Edith Cohen.1 The Cohens attempted to appeal the damages award to the Douglas County Condemnation Commission. As part of the process, they served the Wisconsin Attorney General with a

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