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SOUTHPORT COMMONS v. DEPT. OF TRANSP.

No. 2019AP130.

960 N.W.2d 17 (2021)

2021 WI 52

SOUTHPORT COMMONS, LLC, Plaintiff-Appellant-Petitioner, v. WISCONSIN DEPARTMENT OF TRANSPORTATION, Defendant-Respondent.

Supreme Court of Wisconsin.

Opinion Filed: June 8, 2021.

Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner, there were briefs filed by Alan Marcuvitz , Smitha Chintamaneni , Andrea H. Roschke , Adam S. Bazelon , and Von Briesen & Roper, S.C., Milwaukee. There was an oral argument by Smitha Chintamaneni and Alan MarcuvitzI.

For the defendant-respondent, there was a brief filed by Jennifer L. Vandermeuse , assistant attorney general; with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by Jennifer L. Vandermeuse.

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

¶1 The petitioner, Southport Commons, LLC (Southport), seeks review of a published court of appeals decision that affirmed the circuit court's grant of the Department of Transportation's (DOT) motion for judgment on the pleadings.1 Southport asserts that the court of appeals erred in determining...

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