Hutterli v. State Conservation Commission

The legislature has directed that a petition to abandon condemnation proceedings shall be granted upon such terms as the circuit judge “deems just.” Sec. 32.06 (9) (a), Stats. This appeal requires our determination whether the amounts allowed in the case at bar meet that standard. Other cases in which we have considered this type of problem are Witzel v. Madison Metropolitan Sewerage Dist. (1958), 5 Wis. (2d) 443, 93 N. W. (2d) 174, and Brown v. County State Road & Bridge Committee (1924), 182 Wis. 480, 196 N. W. 860.

Although we do not agree with all of his conclusions, our deliberations in…