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DOT v. PETERSON

No. 97-2718.

226 Wis.2d 623 (1999)

594 N.W.2d 765

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

Supreme Court of Wisconsin.

Decided June 8, 1999.

Attorney(s) appearing for the Case

For the petitioner-appellant-petitioner the cause was argued by Kathleen M. Ptacek, assistant attorney general, with whom on the briefs was Charles R. Larsen, assistant attorney general and James E. Doyle, attorney general.

For the respondent-respondent and intervening-respondents there was a brief by Robert R. Kanuit and Weiby, Maki, Durst, Ledin, Bick & Lehr, S.C.; Keith J. Peterson, all of Superior, of counsel, Don Bye, Duluth, MN and oral argument by Robert R. Kanuit.

¶ 1. ANN WALSH BRADLEY, J.

The Wisconsin Department of Transportation (DOT) seeks review of a published court of appeals decision that affirmed the circuit court's denial of the DOT's petition for writ of prohibition.1 The DOT asserts that since the property owners incorrectly served the State of Wisconsin rather than the DOT with their notice of application for appeal, the circuit court...

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