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CITY OF JANESVILLE v. CC MIDWEST, INC.

No. 2004AP267.

289 Wis.2d 453 (2006)

2006 WI App 21

710 N.W.2d 713

CITY of JANESVILLE, Plaintiff-Respondent, v. CC MIDWEST, INC. a foreign corporation, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 26, 2006.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Alan Marcuvitz, Andrea H. Roschke, and Susan M. Sager, orally argued by Alan Marcuvitz and Andrea H. Roschke, Michael Best & Friedrich LLP, Milwaukee.

On behalf of the plaintiff-respondent, the cause was orally argued by and submitted on the briefs of Mark J. Steichen, Boardman, Suhr, Curry & Field LLP, Madison.

Before Lundsten, P.J., Vergeront and Higginbotham, JJ.

¶ 1. VERGERONT, J.

The City of Janesville initiated this action for a writ of assistance to remove CC Midwest, Inc., from property the City had acquired by exercising its power of eminent domain. The City also sought a declaration that it had satisfied all its obligations under WIS. STAT. ch. 321 and was therefore entitled to possession. The...

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