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UNITED AMERICA v. DEPT. OF TRANSPORTATION

Appeal No. 2018AP2383.

944 N.W.2d 38 (2020)

2020 WI App 24

UNITED AMERICA, LLC, Plaintiff-Respondent, v. WISCONSIN DEPARTMENT OF TRANSPORTATION, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed: April 28, 2020.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Maura FJ Whelan , assistant attorney general, and Joshua L. Kaul , attorney general.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Joseph R. Cincotta , Milwaukee.

Before Stark, P.J., Hruz and Seidl, JJ.

¶1 State law provides that when a governmental entity exercises its police power to change the grade of a street or highway, and it does so without also taking any land, an owner of land abutting the street or highway project may make "a claim for any damages to said lands occasioned by such change of grade." WIS. STAT. § 32...

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