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NESBITT FARMS, LLC v. CITY OF MADISON

No. 02-2212.

265 Wis.2d 422 (2003)

2003 WI App 122

665 N.W.2d 379

NESBITT FARMS, LLC and Wilshire Developments, LLC, Plaintiffs-Appellants, v. CITY OF MADISON, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 8, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Ian A.J. Pitz and Nia Enemuoh-Trammel of Michael Best & Friedrich, LLP, Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of Katherine C. Noonan, assistant city attorney, Madison.

Before Vergeront, P.J., Roggensack and Deininger, JJ.

¶ 1. DEININGER, J.

Nesbitt Farms, LLC and Wilshire Development, LLC appeal an order which dismissed their appeal of the amount of compensation the City awarded them for a parcel of real estate the City acquired by condemnation. Nesbitt and Wilshire (collectively, "the owners") claim the circuit court erred in concluding they were required to file a notice of claim under WIS. STAT. § 893.80(1) (2001-02)1 prior to commencing their...

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