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UNITED AMERICA v. DEPT. OF TRANSPORTATION

No. 2018AP2383.

959 N.W.2d 317 (2021)

2021 WI 44

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

Supreme Court of Wisconsin.

Opinion Filed: May 18, 2021.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner, there were briefs filed by Joseph R. Cincotta , Milwaukee. There was an oral argument by Joseph R. Cincotta .

For the defendant-appellant, there was a brief filed by Clayton P. Kawski , assistant attorney general; with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by Clayton P. Kawski .

An amicus curiae brief was filed on behalf of Eminent Domain Services, LLC by Erik S. Olsen and Andrew D. Weininger , Madison.

DALLET, J., delivered the majority opinion of the Court, in which ZIEGLER, C.J., ANN WALSH BRADLEY, ROGGENSACK, HAGEDORN, and KAROFSKY, JJ., joined. REBECCA GRASSL BRADLEY, J., filed a dissenting opinion.

¶1 The Department of Transportation (DOT) changed the grade of a highway that abuts United America, LLC's property. As a result, access to United America's property became less convenient and that property's value decreased. The question here is whether such a diminution in property value qualifies as "damages to the...

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