Legal Opinion
118th Street Kenosha, LLC v. Wisconsin Department of Transportation
Court of Appeals of Wisconsin
Decided November 20, 2013No. 2012AP2784PublishedCited by 2 opinions
1Opinion of the CourtGundrum, J.
¶ 1. 118th Street Kenosha, LLC appeals the circuit court's grant of a Wisconsin Department of Transportation motion in limine. It contends that the court erred in prohibiting it from introducing at a trial evidence of the diminution in value of its property due to a loss of direct access and proximity to the property from a public road as a result of a public improvement by the DOT. We agree with 118th Street Kenosha, and reverse and remand.
BACKGROUND
¶ 2. The undisputed facts of record are as follows. 118th Street Kenosha owns a four-store shopping center near State Trunk Highway 50 and…
2Cases cited11 opinions
- Olson v. United StatesSupreme Court of the United States · 1934
- Charolais Breeding Ranches, Ltd. v. FPC Securities Corp.Court of Appeals of Wisconsin · 1979
- Martindale v. RippWisconsin Supreme Court · 2001
- Standard Theatres, Inc. v. State, Department of TransportationWisconsin Supreme Court · 1984
- Industrial Risk Insurers & Quad Graphics, Inc. v. American Engineering Testing, Inc.Court of Appeals of Wisconsin · 2009
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3Cited by2 opinions
- 118th Street Kenosha, LLC v. Wisconsin Department of TransportationWisconsin Supreme Court · 2014
- 118th Street Kenosha, LLC v. Wisconsin Department of TransportationWisconsin Supreme Court · 2014