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CITY OF JANESVILLE v. CC MIDWEST, INC.

No. 2004AP267.

734 N.W.2d 428 (2007)

2007 WI 93

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

Supreme Court of Wisconsin.

Decided July 11, 2007.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner there were briefs by Mark J. Steichen and Boardman, Suhr, Curry & Field LLP, Madison, and oral argument by Mark J. Steichen.

For the defendant-appellant there were briefs by Alan Marcuvitz, Andrea H. Roschke, and Michael Best & Friedrich, LLP, Milwaukee, and oral argument by Alan Marcuvitz.

An amicus curiae brief was filed by James S. Thiel, Cari Anne Renlund, and Paul E. Nilsen, Madison, on behalf of the Wisconsin Department of Transportation.

¶ 1 PATIENCE DRAKE ROGGENSACK, J.

This is a review of a decision of the court of appeals reversing the circuit court's judgment1 granting the City of Janesville (the City) a writ of assistance to remove the defendant, CC Midwest, Inc. (CC Midwest), from property that the City previously acquired by exercising its power of eminent domain. The circuit court concluded that there were no issues of material fact and the City had met its...

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