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DSG EVERGREEN FAMILY LTD. v. TOWN OF PERRY

No. 2017AP2352.

939 N.W.2d 564 (2020)

2020 WI 23

DSG EVERGREEN FAMILY LIMITED PARTNERSHIP, Plaintiff-Appellant-Petitioner, v. TOWN OF PERRY, Defendant-Respondent.

Supreme Court of Wisconsin.

Opinion Filed: February 27, 2020.

Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner, there were briefs filed by Matthew J. Fleming and Murphy Desmond S.C., Madison. There was an oral argument by Matthew J. Fleming.

For the defendant-respondent, there were briefs filed by Mark J. Steichen and Boardman & Clark LLP, Madison. There was an oral argument by Mark J. Steichen.

KELLY, J., delivered the majority opinion for a unanimous Court.

¶1 The Town of Perry (the "Town") acquired a portion of property belonging to DSG Evergreen Family Limited Partnership ("DSG") through its power of eminent domain. In exercising that power, the Town committed itself to building a replacement road over part of the acquired property. DSG says the Town failed to build the road...

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