Wieczorek v. City of Franklin

The sole issue on appeal is whether the property owners are entitled to attorney’s fees under sec. 32.05(5), Stats., where the condemnation proceeding is terminated as a result of a defect in the jurisdictional offer. The trial court awarded fees; we reverse, holding that the owners were not entitled to attorney’s fees under sec. 32.05 (5), Stats. 1

There is no dispute as to the facts. On February 28, 1975, the City of Franklin served a jurisdictional offer to purchase a sewer easement across the property ownéd by Victor and Stephania Wieczorek. Pursuant to sec. 32.05(5), Stats., the…