Millard v. Columbia County Highway Committee

The sole question on this appeal is whether the condemnors or the landowners were the “successful party” entitled to costs in the discretion of the court under sec. 271.02 (2), Stats., where the circuit court appeal resulted in the landowners receiving less than awarded by the the commission but more than the original basic award.

Sec. 32.05 (10) (b), Stats. 1961, specifies how judgment shall be entered after trial had in circuit court of an appeal from the commission’s award and provides that costs “shall be allowed pursuant to s. 271.02 (2).” Sec. 271.02 (2), provides in part as follows:

“In…