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118TH STREET KENOSHA, LLC v. WIS. TRANSP. DEPT.

No. 2012AP2784.

841 N.W.2d 568 (2013)

2013 WI App 147

118TH STREET KENOSHA, LLC, Plaintiff-Appellant, v. WISCONSIN DEPARTMENT OF TRANSPORTATION, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed November 20, 2013.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Charles P. Graupner and Susan M. Sager of Michael Best & Friedrich LLP, Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Abigail C.S. Potts , assistant attorney general, and J.B. Van Hollen , attorney general.

Before NEUBAUER, P.J., REILLY and GUNDRUM, JJ.

GUNDRUM, J.

¶ 1 118th Street Kenosha, LLC appeals the circuit court's grant of a Wisconsin Department of Transportation motion in limine. It contends that the court erred in prohibiting it from introducing at a trial evidence of the diminution in value of its property due to a loss of direct access and proximity to the property from a public road as a result of a public improvement by the DOT. We agree with 118th Street Kenosha, and reverse and remand.

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