[DOWNLOAD] "Leathem Smith Lodge v. State" by Supreme Court of Wisconsin # Book PDF Kindle ePub Free

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eBook details

• Title: Leathem Smith Lodge v. State
• Author : Supreme Court of Wisconsin
• Release Date : January 04, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

This is an appeal by the State of Wisconsin from a judgment awarding damages to Leathem Smith Lodge for the condemnation of a portion of its property for highway purposes. The state's principal argument on appeal is that the trial court erroneously excluded the opinion evidence of its appraisers based upon the income and net profits of the Leathem Smith Lodge. We conclude that the trial court, utilizing appropriate standards, properly exercised its discretion in the exclusion of the evidence. We affirm. The state's brief is replete with citations and authority tending to show that the trial court could have admitted income evidence as proof of the value of the property before and after taking. The state's argument misses the crucial point which is dispositive of this appeal. The question is whether the trial court abused its discretion in excluding the evidence. The burden of showing an abuse of discretion rests upon the condemnor, who offered the rejected evidence. Herro v. Department of Natural Resources, 67 Wis. 2d 407, 423, 227 N.W.2d 456 (1975); Gawin v. Redevelopment Authority of City of Milwaukee, 52 Wis. 2d 380, 190 N.W.2d 201 (1971).

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