Thielman v. Lincoln County Highway Committee

Defendants contend that there was failure of compliance with the applicable provisions of sec. 83.08 (2), Stats.:

“(2) . . . The owner may, within two years after the filing of the award with the county clerk, proceed as provided in chapter 32 to have his damages appraised, or may within said period apply to the county judge, on five days’ written notice to any member of the highway committee, to appraise the damages. ...”

Specifically, that plaintiffs did not, within the two-year period “apply to the county judge, on five days’ written notice to any member of the highway committee.” They *137urge…