(Download) "Big Valley Farms v. Public Service" by Supreme Court of Wisconsin # Book PDF Kindle ePub Free
eBook details
- Title: Big Valley Farms v. Public Service
- Author : Supreme Court of Wisconsin
- Release Date : January 04, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Plaintiff-appellant, Big Valley Farms, Inc. (hereinafter referred to as condemnee) appeals from an order dismissing its appeal to circuit court from an award of the county condemnation commission. Defendant-respondent, Wisconsin Public Service Corporation (hereinafter referred to as condemnor), instituted proceedings under ch. 32, Stats., for the purpose of condemning easements for electric power lines. The matter was heard by the county condemnation commissioners. On August 21, 1972, the condemnation commission filed its award. On September 13, 1972, the condemnee appealed from the award of the condemnation commission to the circuit court, pursuant to sec. 32.06 (10). Copies of the notice of appeal were delivered by regular mail to the clerk of the circuit court and to Attorney Robert W. Schaefer, attorney of record for the condemnor at the condemnation hearing. On August 25, 1972, Attorney Robert W. Schaefer admitted "Due and Personal Service" of the notice of appeal. On October 26, 1972, Attorney Schaefer, on behalf of the condemnor, moved the circuit court to dismiss the appeal for lack of personal jurisdiction over the condemnor, based on the claim that the notice of appeal was not delivered by certified mail and not thus mailed to the condemnor itself, as provided in sec. 32.05 (10) (a). The circuit court held that the attempted service was invalid. From the circuit court order finding that the court was without personal jurisdiction over the condemnor, dated August 9, 1973, the condemnee appeals.