Gottsacker Real Estate Co., Inc. v. State

The State of Wisconsin appeals from that part of the judgment awarding litigation expenses, together with interest, under sec. 32.28, Stats., to Gottsacker Real Estate Company, Inc. and Richard J. Gottsacker (Gottsacker).

Gottsacker (highway condemnee) is entitled to litigation expenses under sec. 32.28(3) (e), Stats., if the jury award exceeds the jurisdictional offer. In this case, however, the state made an “offer of judgment” for a greater amount than the jurisdictional offer after the jurisdictional offer was refused. The jury award exceeded the jurisdictional offer but was less than the…