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KLEMM v. AMERICAN TRANSMISSION CO., LLC

No. 2009AP2784.

798 N.W.2d 223 (2011)

2011 WI 37

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

Supreme Court of Wisconsin.

Decided May 26, 2011.

Attorney(s) appearing for the Case

For the plaintiffs-respondents-petitioners there were briefs by Shane J. VanderWaal and Pietz, VanderWaal, Stacker & Rottier, S.C., Wausau, and oral argument by Shane Jon VanderWaal .

For the defendant-appellant there was a brief by Steven M. Streck , Sara K. Beachy , and Axley Brynelson, LLP, Madison, and oral argument by Steven M. Streck .

An amicus brief was filed by Robert W. Roth , Joseph C. Niebler, Jr. , James B. Hanley and Niebler, Pyzyk, Roth & Carrig, L.L.P., Menomonee Falls and Frank J. Jablonski and Progressive Law Group L.L.C., Madison and Michael R. Bauer and Bauer & Bach L.L.C. Madison as Eminent Domain Attorneys, and oral argument by Robert W. Roth .

SHIRLEY S. ABRAHAMSON, C.J.

¶ 1 This is a review of a published opinion of the court of appeals1 reversing the judgment of the circuit court for Marathon County, Greg Huber, Judge. This review involves litigation expenses2 under Wis. Stat. § 32.28(3)(d) (2009-10)3 in a condemnation proceeding between American Transmission Company, LLC (ATC) and Mark Klemm and Jeanne Klemm...

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