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WALLER v. AMERICAN TRANSMISSION CO., LLC

No. 2009AP411.

776 N.W.2d 612 (2009)

2009 WI App 172

Scott N. WALLER and Lynnea S. Waller, Plaintiffs-Appellants, v. AMERICAN TRANSMISSION CO., LLC, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed October 28, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Hugh R. Braun of Godfrey, Braun & Frazier, LLP, Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Mark J. Steichen of Boardman, Suhr, Curry & Field, LLP, Madison.

Before NEUBAUER, P.J., ANDERSON and SNYDER, JJ.

¶ 1 SNYDER, J.

Scott N. Waller and Lynnea S. Waller appeal from an order dismissing their claims against American Transmission Co., LLC (ATC). The Wallers contend that an action pursuant to WIS. STAT. § 32.06(5) (2007-08)1 is the exclusive remedy available to compel ATC to acquire an uneconomic remnant of their property left after ATC's acquisition of utility easements across the property. They argue that the circuit court erred...

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