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260 NORTH 12TH STREET v. DEPT. OF TRANSP.

No. 2009AP1557.

792 N.W.2d 572 (2010)

2010 WI App 138

260 NORTH 12TH STREET, LLC and Basil E. Ryan, Jr., Plaintiffs-Appellants, v. STATE of Wisconsin DEPARTMENT OF TRANSPORTATION, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed September 14, 2010.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs Dan Biersdorf and E. Kelly Keady of Biersdorf & Associates, S.C. of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of J.B. Van Hollen , attorney general and Abigail C. Potts , assistant attorney general.

Before CURLEY, P.J., KESSLER and BRENNAN, JJ.

KESSLER, J.

¶ 1 In this condemnation case, a jury awarded 260 North 12th Street, LLC, and Basil E. Ryan, Jr. (collectively, "Ryan"), $2,001,725 for property that was taken pursuant to eminent domain as part of a highway construction project. This was more than the $1,348,000 that was originally granted to Ryan, but less than the nearly $3.5 million that Ryan was seeking. Ryan seeks a new trial and presents four arguments in favor of granting a new trial: (1)...

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