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DEKK PROPERTY DEV. v. DEPT. OF TRANSP.

No. 2020AP2146.

988 N.W.2d 653 (2023)

2023 WI 30

DEKK PROPERTY DEVELOPMENT, LLC, Plaintiff-Respondent-Petitioner, v. WISCONSIN DEPARTMENT OF TRANSPORTATION, Defendant-Appellant.

Supreme Court of Wisconsin.

Opinion Filed: April 18, 2023.

Attorney(s) appearing for the Case

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

For the defendant-appellant, there was a brief filed by Hannah S. Jurss , assistant attorney general, with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by Hannah S. Jurss, assistant attorney general.

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

¶1 This controversy stems from a driveway closure—specifically, the Wisconsin Department of Transportation's (DOT's) closure of a driveway connecting DEKK Property Development, LLC's (DEKK's) property to State Trunk Highway (STH) 50. DEKK is seeking compensation for the closure. The case potentially raises two questions...

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