SPANBAUER v. STATE DEPT. OF TRANSP.

No. 2008AP1165.

769 N.W.2d 137 (2009)

2009 WI App 83

Mark E. SPANBAUER, Plaintiff-Respondent, v. STATE of Wisconsin DEPARTMENT OF TRANSPORTATION, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed May 27, 2009.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Kathleen M. Batha, assistant attorney general, and J.B. Van Hollen, attorney general. There was oral argument by Kathleen M. Batha.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Charles P. Graupner and Susan M. Sager of Michael Best & Friedrich LLP, Milwaukee. There was oral argument by Charles P. Graupner.

Before BROWN, C.J., ANDERSON, P.J., and NEUBAUER, J.


¶ 1 ANDERSON, P.J.

This is an eminent domain action. It involves the State of Wisconsin Department of Transportation's (DOT) 2007 acquisition of Mark E. Spanbauer's property for a planned highway project. The issue is, despite the trial court's discretionary role in regard to the admission of evidence, does Wisconsin's project influence rule create an exclusionary rule the court must apply when the sale of a comparable property — here, sold to an entity...

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