Lamar Co., LLC v. Country Side Rest., Inc.Annotate this Case
The Wisconsin Department of Transportation acquired a parcel of land owned by Country Side, a portion of which Country Side leased to the Lamar Company. Country Side and Lamar agreed that all proceeds would be transferred to Country Side, save for $120,000, of which the parties were unable to agree to a division. Consequently, Lamar filed a claim for petition, seeking the full amount on deposit. Country Side responded by petitioning for the full amount. The circuit court granted Country Side's petition and ordered the $120,000 to be disbursed to Country Side, concluding that Lamar had lost its right to seek a share of the award of damages issued to Country Side and Lamar by failing to join in Country Side's appeal of the award. The court of appeals affirmed. The Supreme Court reversed, holding that Lamar had not lost its right to seek a share of the award of damages issued to Country Side and Lamar, and therefore, the circuit court improperly dismissed Lamar's claim for petition. Remanded.