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VOLBRECHT v. STATE HIGHWAY COMM.

31 Wis.2d 640 (1966)

VOLBRECHT (Harold) and wife, Respondents, v. STATE HIGHWAY COMMISSION, Appellant. VOLBRECHT (Melvin) and wife, Respondents, v. SAME, Appellant.

Supreme Court of Wisconsin.

July 1, 1966.

Attorney(s) appearing for the Case

For the appellant the cause was argued by Charles A. Bleck, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For the respondents there was a brief by Bogue & Sanderson of Portage, and oral argument by David Bogue.

BEILFUSS, J.

The issues on this appeal concern the admissibility of evidence concerning the presence of fill dirt in valuing the land before and after the taking and the accuracy of the instruction to the jury in this regard.

The state argues that before evidence of a mineral deposit may be admitted into evidence in a condemnation case a foundation must be laid to show that the presence of the mineral deposit affects the fair market value of the land. Cameron...

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