Court Error – Litigation Expenses

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WI Court of Appeals – District IV

Case Name: The Lamar Company, LLC v. State of Wisconsin Department of Transportation

Case No.: 2017AP1001

Officials: Lundsten, P.J., Sherman and Kloppenburg, JJ.

Focus: Court Error – Litigation Expenses

The Lamar Company appeals a judgment awarding it compensation for property taken by the Wisconsin Department of Transportation through condemnation but denying it litigation expenses. In its brief on appeal, Lamar raises five issues relating to errors allegedly committed by the court at trial, and it also argues that the court erred in denying its request for litigation expenses. However, Lamar does not contend that the result of the trial would have been different but for the court’s alleged errors, and the only specific relief requested by Lamar is that this court “determine that, under the facts and circumstances of this case, Lamar is entitled to an award of litigation expenses under WIS. STAT. § 32.28 [2015-16].” Accordingly, we limit our review to the question of whether the court erred in denying Lamar litigation expenses. For the reasons explained below, we affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.