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VILLAGE OF BROWN DEER v. BALISTERRI

No. 2013AP748.

841 N.W.2d 59 (2013)

351 Wis.2d 665

2013 WI App 137

VILLAGE OF BROWN DEER, Plaintiff-Respondent, v. Leland P. BALISTERRI, Gerald Brickner, Marie Brickner, Thomas J. Daugherty, Charlene M. Harmon, Marvin E. Kaiser, Vivian Kaiser, Russell Kotlarek, Anthony T. Reno and Julie L. Reno, Defendants-Appellants, Jeffrey D. Burg, Kelly A. Burg, David H. Ehlers, Karen V. Krolikowski, Casey Reno, Joann Reno, William B. Spransy and Angela M. Spransy, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed October 29, 2013.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Hugh R. Braun and Nicholas R. DiUlio of Godfrey, Braun & Frazier, LLP, Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Alan Marcuvitz and Andrea H. Roschke of Michael, Best & Friedrich, LLP, Milwaukee.

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

FINE, J.

¶ 1 This appeal concerns the Village of Brown Deer's street-improvement plan for part of the Village. As material to this appeal, Brown Deer contended that it could improve the streets at issue, without paying eminent-domain compensation because, the Village asserted, the projected improvements were on public highways within the purview of WIS. STAT. § 82.31(2)(a). In a series of orders culminating in a judgment, the trial court agreed with the...

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