118th Street Kenosha, LLC v. Wisconsin Department of Transportation

¶ 1. This is a review of a published decision of the court of appeals,1 *34which reversed the order of the Kenosha County Circuit Court2 that granted the Wisconsin Department of Transportation's ("DOT") motion in limine to exclude evidence of diminution in value of commercial property owned by 118th Street Kenosha, LLC ("the LLC"). We reverse the court of appeals and remand to the circuit court to dismiss the action.

¶ 2. The LLC owns commercial property consisting of a four-store shopping center in the City of Kenosha. Before 2010 the commercial property had direct access to 118th Avenue by a…