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SOMERS USA, LLC v. DEPT. OF TRANSP.

No. 2014AP1092.

864 N.W.2d 114 (2015)

361 Wis.2d 807

2015 WI App 33

SOMERS USA, LLC, Plaintiff-Respondent, v. STATE OF WISCONSIN DEPARTMENT OF TRANSPORTATION, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed March 25, 2015.

Attorney(s) appearing for the Case

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

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Benjamin Southwick of Benjamin Southwick Law Office, Richland Center.

Before BROWN, C.J., NEUBAUER, P.J., and REILLY, J.

¶ 1 The United States and Wisconsin Constitutions prohibit a governmental body from taking private property for public use without the payment of just compensation. In this case, the State attempts to violate these constitutional prohibitions by seizing upon a scrivener's error made by Somers USA, LLC, that

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