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TFJ NOMINEE TRUST v. DOT

No. 00-2099.

244 Wis.2d 242 (2001)

2001 WI App 116

629 N.W.2d 57

TFJ NOMINEE TRUST, Plaintiff-Respondent, v. STATE of Wisconsin DEPARTMENT OF TRANSPORTATION, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 24, 2001.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Pamela Magee, assistant attorney general.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Matthew A. Biegert of Doar, Drill & Skow, S.C. of New Richmond.

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

¶ 1. CANE, C.J.

The State of Wisconsin Department of Transportation (DOT) appeals from orders permanently enjoining the DOT from closing the present connection of Lind Road to Highway 35 as part of an intersection reconstruction project. The orders were issued after the TFJ Nominee Trust, acting pursuant to WIS. STAT. § 32.05(5),1 challenged the DOT's right to condemn a portion of its property and its alleged access rights to...

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