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MIESEN v. DOT

No. 98-3093.

226 Wis.2d 298 (1999)

594 N.W.2d 821

Robert MIESEN, Plaintiff-Appellant, v. STATE OF WISCONSIN-DEPARTMENT OF TRANSPORTATION, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided April 6, 1999.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Daniel D. Hannula of Ashley, Hannula & Halom of Superior.

On behalf of the defendant-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and David E. Hoel, assistant attorney general.

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

CANE, C.J.

Landowner Robert Miesen appeals an order dismissing his small claims action against the Department of Transportation. Miesen sought the balance of appraisal costs he submitted to the DOT for payment under § 32.05(2)(b), STATS., which allows a landowner to submit the "reasonable costs" of an independent appraisal to the DOT when the DOT commences condemnation proceedings against the owner. The circuit court concluded that it lacked jurisdiction because...

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