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ALSUM v. DEPARTMENT OF TRANSPORTATION

No. 03-2563.

276 Wis.2d 654 (2004)

2004 WI App 196

689 N.W.2d 68

Anthony L. ALSUM and Sandra L. Alsum, Plaintiffs-Appellants, v. WISCONSIN DEPARTMENT OF TRANSPORTATION, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 15, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Martin J. De Vries of Sager, Colwin, Samuelsen & Associates, S.C., Fond du Lac, and Hugh R. Braun of Godfrey, Braun & Frazier, LLP, Milwaukee. There was oral argument by Hugh R. Braun.

On behalf of the defendant-respondent, the cause was submitted on the brief of Sandra L. Tarver, assistant attorney general, and Peggy A. Lautenschlager, attorney general. There was oral argument by Sandra L. Tarver.

Before Anderson, P.J., Brown and Snyder, JJ.

¶ 1. ANDERSON, P.J.

In this eminent domain case, Anthony L. and Sandra L. Alsum appeal from a circuit court order granting the Wisconsin Department of Transportation's (DOT) motion to dismiss and motion to exclude the appraisal report and testimony of the Alsums' own valuation expert, which, using income evidence, demonstrated that the Alsums were entitled to $95,344 in severance damages. The Alsums maintain that because...

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