Grulkowski v. State, Department of Transportation

The Wisconsin Department of Transportation sought to condemn a scenic easement to property belonging to the Grulkowskis. The Grulkowskis filed a complaint alleging that the state, through the Department of Transportation, had no right to condemn the property either as to the quantity of land sought to be condemned or the rights and interests sought to be restricted. The state moved to dismiss on the grounds that the court lacked jurisdiction and the complaint failed to state a cause of action upon which relief may be granted. This motion was denied, and the state appeals from that part of the…