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D.S.G. EVERGREEN F.L.P. v. TOWN OF PERRY

No. 2006AP585.

731 N.W.2d 667 (2007)

2007 WI App 115

D.S.G. EVERGREEN F.L.P., Voss Farms, LLC, D.S.G. Evergreen, F.L.P. and Voss Farms, LLC, as Tenants in Common, Plaintiffs-Appellants, v. TOWN OF PERRY, Defendant-Respondent.

Court of Appeals of Wisconsin.

March 1, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of John A. Kassner and Matthew J. Fleming of Murphy Desmond, S.C., Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of Glenn C. Reynolds of Reynolds & Associates, Madison.

Before LUNDSTEN, P.J., DYKMAN and HIGGINBOTHAM, JJ.

¶ 1 DYKMAN, J.

D.S.G. Evergreen F.L.P. and Voss Farms, LLC (collectively "D.S.G.") appeal from an order awarding D.S.G. litigation expenses D.S.G. incurred when the Town initiated and then abandoned proceedings to condemn D.S.G.'s property. D.S.G. contends that the circuit court erred in awarding D.S.G. an amount less than it had requested. D.S.G. challenges three determinations of the circuit court in calculating its award of litigation expenses under WIS. STAT...

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