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WALLER v. AMERICAN TRANSMISSION CO., LLC

Nos. 2012AP805, 2012AP840.

833 N.W.2d 764 (2013)

2013 WI 77

Scott N. WALLER and Lynnea S. Waller, Plaintiffs-Respondents, v. AMERICAN TRANSMISSION COMPANY, LLC, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided July 16, 2013.

Attorney(s) appearing for the Case

For the defendant-appellant, there were briefs by Katherine Stadler , Bryan J. Cahill , and Godfrey & Kahn, S.C., Madison, and oral argument by Katherine Stadler.

For the plaintiffs-respondents, there were briefs by Hugh R. Braun , Nicholas R. DiUlio , and Godfrey, Braun & Frazier, LLP, Milwaukee, and oral argument by Hugh R. Braun.

There was an amicus curiae brief by Trevor J. Will , Bradley D. Jackson , Krista J. Sterken , and Foley & Lardner, LLP, Madison, on behalf of the Wisconsin Utilities Association.

ON BYPASS FROM THE COURT OF APPEALS

DAVID T. PROSSER, J.

¶ 1 This case is before the court on a petition for bypass of the court of appeals pursuant to Wis. Stat. (Rule) § 809.60 (2011-12).1 We are asked to interpret the condemnation procedures in Wis. Stat. § 32.06 and determine the rights of property owners who claim that a taking of property has left them with an "uneconomic remnant."

¶ 2 American...

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