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Hoffer Props., LLC v. State, Department of Transportation

Supreme Court of Wisconsin

February 4, 2016

Hoffer Properties, LLC, Plaintiff-Appellant-Petitioner,
v.
State of Wisconsin, Department of Transportation, Defendant-Respondent

Argued September 8, 2015

Page 534

[Copyrighted Material Omitted]

Page 535

[Copyrighted Material Omitted]

Page 536

REVIEW of a decision of the Court of Appeals. COURT: Circuit. COUNTY: Jefferson. JUDGE: William F. Hue.

For the plaintiff-appellant-petitioner, there were briefs by Benjamin Southwick, Richland Center and oral argument by Benjamin Southwick.

For the defendant-respondent, the cause was argued by Abigail C.S. Potts, Assistant Attorney General, with whom on the brief was Brad D. Schimel, Attorney General.

There was an amicus curiae brief by Erik Samuel Olsen, Joseph J. Rolling, Andrew Weininger and Eminent Domain Services, LLC, Madison, on behalf of Eminent Domain Services, LLC.

MICHAEL J. GABLEMAN, J. REBECCA G. BRADLEY, J., did not participate. SHIRLEY S. ABRAHAMSON, J. (concurring). DAVID T. PROSSER, J. (dissenting).

OPINION

Page 537

MICHAEL J. GABLEMAN, J.

[366 Wis.2d 382] [ΒΆ1] This is a review of an unpublished decision of the court of appeals affirming a grant of partial summary judgment to the Department of Transportation (DOT).[1] Pursuant to Wis. Stat. § 84.25 (2007-08),[2] DOT eliminated Hoffer Properties, LLC's (Hoffer's) direct driveway connections to State Trunk Highway 19 (STH 19), a controlled-access highway. DOT also separately exercised ...


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