(dissenting). I dissent from that part of the opinion approving the $108,867 attorney fee. I conclude that payment of a $108,867 fee for legal services in this simple administrative proceeding is excessive, particularly where the public must pay this fee.
In Milwaukee Rescue Mission, Inc. v. Redevelopment Auth. of Milwaukee, 161 Wis. 2d 472, 496-97, 468 N.W.2d 663, 674 (1991), the court observed that the circuit court must not automatically honor the contingency fee contract in applying its equitable discretion. A contingency fee agreement is only a guide and if it represents a reasonable charge, it should be honored. However, if it is an excessive charge, it should not be honored. The circuit court in exercising its discretion should consider all the circumstances of the case in determining whether the fee is reasonable. Id.
In Milwaukee Rescue, the litigation was considerably more complex as it involved a lengthy jury trial preceded by hard-fought motions, including briefs and legal argument. Additionally, the trial court observed the trial *810skills of counsel in the lengthy and complicated trial. On the other hand, this case deals with 2.8 acres of vacant land, is not complex and required only an unrecorded administrative hearing for two half days and one full day. The attorney for Shorewood expended eighty-five hours, which at $150 per hour plus disbursements totalled $13,757.35. The attorney for Parklane Associates expended 100 hours from the date of Shorewood's jurisdictional offer to the date of the award. For 100 hours this fee would compute to $1,088.67 per hour. Shorewood should not be required to pay such an excessive fee for a relatively simple condemnation proceeding. There is absolutely no testimony that such a fee was reasonable for this simple case. Shorewood argues this fee is both absurd and abusive. I agree.
The sanction against the municipality for making a low jurisdictional offer is to pay the reasonable attorney fee of the landowner, not an excessive fee. Section 32.28(3)(e), Stats. I would therefore conclude that because the contingency fee agreement constitutes an unreasonable or excessive charge against the municipality, the circuit court failed to exercise discretion in approving the attorney fee award of $108,867.