Pelfresne v. Dane County Regional Airport

M. Pelfresne appeals from an order denying his motion for expenses he claims to have incurred in litigating condemnation proceedings instituted by the Dane County Regional Airport. The issue is whether the county "abandoned" the proceedings within the meaning of § 32.28(3)(a), STATS., which allows a condemnee to recover litigation expenses when condemnation proceedings are commenced and then abandoned. We affirm.

The county proceeded under § 32.05, Stats., which governs condemnation proceedings for transportation facilities. Under the statutory process, if attempts to negotiate, acquisition of…