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KLEMM v. AMERICAN TRANSMISSION CO., LLC

No. 2009AP2784.

791 N.W.2d 233 (2010)

2010 WI App 131

Mark KLEMM and Jeanne Klemm, Plaintiffs-Respondents, v. AMERICAN TRANSMISSION COMPANY, LLC, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed August 10, 2010.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Steven M. Streck and Sara K. Beachy of Axley Brynelson, LLP, Madison.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Shane J. VanderWaal of Pietz, VanderWaal, Stacker & Rottier, S.C., Wausau.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

¶ HOOVER, P.J.

¶ 1 American Transmission Company, LLC (ATC) appeals a judgment awarding WIS. STAT. § 32.281 litigation expenses to Mark and Jeanne Klemm. ATC argues WIS. STAT. § 32.28(3)(d) only permits litigation expenses awards when a jurisdictional offer has been made. We agree. Because the Klemms accepted a negotiated offer under WIS. STAT. § 32.06(2a) and there was, consequently, no jurisdictional offer, the...

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