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Last Updated: Tuesday, August 31, 2004 10:37 AM CDT
Court rules state can question experts in Highway 8 dispute
By Daily News staff
The state can go ahead with plans to question two experts for a Rhinelander couple who claim the Highway 8 West project contaminated their property and the nearby Wisconsin River.
Bill and Jerri Osberg filed a lawsuit in 2003 claiming runoff from the highway project destroyed minnow ponds and trees on their property.
The couple's attorney, Richard Sommer, wanted the court to quash subpoenas for the two consultants, arguing their work was not completed and should be protected as attorney work product.
Oneida County Circuit Judge Robert Kinney ruled Monday the state can go ahead with its deposition.
"It would be unusual for the court to permit counsel to rely on the affidavits of these experts in the context of the earlier motion hearing and then not permit them to be examined at deposition," he said.
Previously, a summary judgment hearing was set for October 26.
Mediation was also scheduled for this month.
Judge Kinney has previously encouraged the parties to try to resolve the case or at least reduce the number of defendants.
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