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WALLER v. AMERICAN TRANSMISSION CO., LLC

No. 2010AP1447.

799 N.W.2d 487 (2011)

2011 WI App 91

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

Court of Appeals of Wisconsin.

Opinion Filed May 25, 2011.

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 Katherine Stadler and Bryan J. Cahill of Godfrey & Kahn, S.C., Madison.

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

REILLY, J.

¶ 1 Scott and Lynnea Waller had part of their property taken by American Transmission Co. (ATC) to allow ATC to construct a high voltage transmission line. The Wallers filed an action under WIS. STAT. § 32.06(5) (2009-10)1 contesting the partial taking, alleging that their property after the taking was an "uneconomic remnant" as defined in § 32.06(3m).

¶ 2 This appeal addresses the procedure to be...

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