Spanbauer v. State Department of Transportation

ANDERSON, PJ.

¶ 1. This is an eminent domain action. It involves the State of Wisconsin Department of Transportation's (DOT) 2007 acquisition of Mark E. Spanbauer's property for a planned highway project. The issue is, despite the trial court's discretionary role in regard to the admission of evidence, does Wisconsin's project influence rule create an exclusionary rule the court must apply when the sale of a comparable property — here, sold to an entity associated with Kwik Trip 1 — is within the footprint of a planned project, where the sale of the comparable property occurred after the…