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AESTHETIC & COSMETIC v. WIS. TRANSP. DEPT.

No. 2013AP2052.

853 N.W.2d 607 (2014)

2014 WI App 88

AESTHETIC AND COSMETIC PLASTIC SURGERY CENTER, LLC, Plaintiff-Respondent, v. WISCONSIN DEPARTMENT OF TRANSPORTATION, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed July 15, 2014.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of J.B. Van Hollen , attorney general, and Sara K. Beachy , assistant attorney general.

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 BRENNAN, JJ.

FINE, J.

¶ 1 This case involves relocation expenses sought by a business whose property was taken by the Wisconsin Department of Transportation. The Department appeals the declaratory judgment entered in favor of Aesthetic and Cosmetic Plastic Surgery Center, LLC, declaring that Aesthetic was entitled to a two-move relocation plan. The Department claims that the circuit court should have dismissed Aesthetic's complaint because Aesthetic's declaratory-judgment...

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