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STELPFLUG v. TOWN BOARD, TOWN OF WAUKESHA

No. 97-3078.

236 Wis.2d 275 (2000)

2000 WI 81

612 N.W.2d 700

John C. STELPFLUG and Diane L. Stelpflug, Petitioners-Respondents, v. TOWN BOARD, TOWN OF WAUKESHA, County of Waukesha, Wisconsin, Respondents-Appellant-Cross-Respondent, John SCHIESS and Tanis Schiess, and Mark Schwartz and Melody Schwartz, Respondents-Intervenors-Respondents-Cross-Appellants-Petitioners.

Supreme Court of Wisconsin.

Decided July 6, 2000.

Attorney(s) appearing for the Case

For the respondents-intervenors-respondents cross appellants-petitioners there were briefs by Donald J. Murn, Michelle E. Martin and Murn Law Offices, Waukesha, and oral argument by Donald J. Murn.

For the respondent-appellant-cross respondent there was a brief by James W. Hammes and Cramer, Multhauf & Hammes, LLP, Waukesha, and oral argument by James W. Hammes.

¶ 1. WILLIAM A. BABLITCH, J.

John and Tanis Schiess and Mark and Melody Schwartz (the Petitioners) seek review of an order by the court of appeals that summarily reversed the judgment of the Waukesha County Circuit Court, the Honorable Marianne E. Becker presiding. In ruling on cross-motions for summary judgment, Judge Becker held that a portion of the Petitioners' properties had been temporarily condemned for a highway by the Town of Waukesha (Town). As a result...

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