IN RE COUNTRY SIDE RESTAURANT, INC.

No. 2010AP2023.

814 N.W.2d 159 (2012)

2012 WI 46

In re the Petition of COUNTRY SIDE RESTAURANT, INC. for the Clerk of the Circuit Court of Winnebago County to Accept a Portion of an Award of Damages Made by the DOT on 10/09/08 for Property located at 1145 Abraham Lane, Oshkosh, WI. The Lamar Company, LLC, d/b/a Lamar Outdoor Advertising, Petitioner-Appellant-Petitioner, v. Country Side Restaurant, Inc., Respondent-Respondent.

Supreme Court of Wisconsin.

Decided May 4, 2012.


Attorney(s) appearing for the Case

For the petitioner-appellant-petitioner there were briefs filed by Thomas S. Hornig and Kraig A. Byron and von Briesen & Roper, S.C., Madison, and oral argument by Thomas S. Hornig.

For the respondent-respondent, there was a brief filed by Hugh R. Braun and Nicholas R. Diulio and Godfrey, Braun & Frazier, LLP, Milwaukee, and oral argument by Hugh R. Braun.

An amicus curiae brief was filed by Kathleen M. Batha , assistant attorney general, for the Wisconsin Department of Transportation, and oral argument by Kathleen M. Batha.


ANNETTE KINGSLAND ZIEGLER, J.

¶ 1 This is a review of an unpublished decision of the court of appeals, Lamar Co., LLC v. Country Side Restaurant, Inc., No. 2010AP2023, unpublished slip op., 2011 WL 2022942 (Wis.Ct.App. May 25, 2011), that affirmed an order by the Winnebago County Circuit Court1 disbursing to Country Side Restaurant, Inc. (Country Side) $120,000 on deposit with the Clerk of the Circuit Court of Winnebago County...

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